*Scotch Whisky Association and others v The Lord Advocate and another (Scotland)

European Union – Freedom of movement. The objectives of the Alcohol (Minimum Pricing) (Scotland) Act 2012 and the principle of minimum pricing per unit of alcohol could justify the European Union market interference under the Treaty on the Functioning of the European Union (TFEU) art 36 and under the parallel principles governing wine under the common agricultural policy (CAP) as set out in TFEU art 39 and EU Regulation 1308/2013 (the single CMO Regulation). That minimum pricing would involve a market distortion, including of EU trade and competition, was accepted. However, the Supreme Court held that it was impossible to conclude that that could or should be regarded as outweighing the health benefits which were intended by minimum pricing.

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