Distilling Prospects: Reflections on the Proportionality of Minimum Unit Pricing under EU Law

Abstract

I. Introduction On 3 May 2013 the Scottish Court of Session ruled thatminimumunit pricing of alcoholic beverages did not breach EU law on the free movement of goods. It held that the Alcohol (Minimum Pricing)(Scotland) Act 2012,1 passed in June 2012 but not implemented pending the completion of legal action, did constitute a measure having equivalent effect to a quantitative restriction underArticle 34TFEU, but that such a restriction of tradewas justified as proportionate under Article 36 TFEU as it was the most effective way of achieving the legitimate aim of reducing the consumption levels of harmful and hazardous drinkers.