The Scotch Whisky Association & Ors, Re Judicial Review [2013] ScotCS CSOH_70 (03 May 2013)

The Scotch Whisky Association & Ors, Re Judicial Review [2013] ScotCS CSOH_70 (03 May 2013)

The Alcohol (Minimum Pricing) (Scotland) Act 2012 and proposed Order do not breach the Acts of Union or exceed the legislative competence of the Scottish Parliament. Minimum pricing is not precluded under EU law and is justified under Article 36 TFEU for the protection of public health. The measures are proportionate, appropriate, and necessary; less restrictive alternatives (excise duty increases) are not equally effective due to constraints in EU excise directives and enforcement. The petitioners' challenge is ill-founded.

Citation
[2013] ScotCS CSOH_70
Parties
Petitioner: The Scotch Whisky Association; Petitioner: Confederation Europeene des Producteurs Spiriteux (CEPS); Petitioner: Comite de la Communaute Economique Europeenne des Industries et du Commerce des Vins (CEEV); First Respondent: Lord Advocate; Second Respondent: Advocate General for Scotland
Jurisdiction
Scotland
Judgment Date
03 May 2013
Procedural Posture
Judicial Review / First Hearing
Outcome
petition dismissed
Legal Topics
Legislative Competence, Acts of Union, Minimum Pricing, Public Health, Proportionality, Free Movement of Goods, Trade Restrictions
Constitutional Law EU Law Administrative Law Legislative Competence Acts of Union Minimum Pricing Public Health Proportionality +2 more

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Parties

The Scotch Whisky Association

Petitioner

Confederation Europeene des Producteurs Spiriteux (CEPS)

Petitioner

Comite de la Communaute Economique Europeenne des Industries et du Commerce des Vins (CEEV)

Petitioner

Lord Advocate

First Respondent

Advocate General for Scotland

Second Respondent

Procedural Posture

Judicial Review / First Hearing

Legal Issues

  1. 1 Whether the Alcohol (Minimum Pricing) (Scotland) Act 2012 and proposed Order are outside the legislative competence of the Scottish Parliament
  2. 2 Whether the Act and Order breach the Acts of Union
  3. 3 Whether the Act and Order are incompatible with EU law, specifically Articles 34 and 36 TFEU

Ratio Decidendi

The Alcohol (Minimum Pricing) (Scotland) Act 2012 and proposed Order do not breach the Acts of Union or exceed the legislative competence of the Scottish Parliament. Minimum pricing is not precluded under EU law and is justified under Article 36 TFEU for the protection of public health. The measures are proportionate, appropriate, and necessary; less restrictive alternatives (excise duty increases) are not equally effective due to constraints in EU excise directives and enforcement. The petitioners' challenge is ill-founded.

Court Disposition

petition dismissed

Orders

  • The petitioners' challenge is refused.
  • The Alcohol (Minimum Pricing) (Scotland) Act 2012 and proposed Order are within legislative competence and compatible with EU law.