I added: “The Court states that the fact that that measure prevents the lower cost price of imported products being reflected in the selling price and that the legislation is thus liable to impede access to the United Kingdom market of alcoholic drinks produced in other member states is sufficient reason to conclude that the measure constitutes an obstacle to the free movement of goods”.
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David Frost, chief executive of the SWA, said: “We welcome the European Court’s ruling”.
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The Court of Session in Edinburgh will now have to rule whether alcohol duty – which is controlled in Westminster – would trigger today’s ruling and block the SNP’s plans.
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In a ruling the court said the price control unnecessary restricts the drinks market and that the public health effect the policy aims to achieve could in principle be generated through a simple tax.
‘While we must await the final outcome of this legal process, the Scottish Government remains certain that minimum unit pricing is the right measure for Scotland. It aimed to protect health by hiking the price of high-strength drinks including the national tipple, whisky.
Advocates of a minimum alcohol unit price in Scotland welcomed Mr Bot’s earlier comments, arguing that they confirmed that such a measure was not legally out of bounds.
Scottish Health Secretary Shona Robison said: “Minimum unit pricing is a very important measure because we know it can reduce deaths due to alcohol misuse by around 60 in its first year of operation, around 1,600 less admissions to hospital due to alcohol misuse in its first year of operation”.
Dr Peter Bennie, chair of British Medical Association (BMA) Scotland, said: ‘Every year of delay carries with it a human cost in lives lost and health damaged.
Responding to a question from the Austrian Supreme Court on how to apply the EU’s 2006 Services Directive to the profession, the European Union judges decided that sweeping chimneys is considered a fire-prevention measure, so practitioners of the age-old skill should be required to follow public safety regulations.
Eric Carlin, director of Scottish Health Action on Alcohol Problems, said: ‘Taxation increases, incidentally, are also consistently opposed by the opponents of MUP.
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A Scottish court will now determine if such options are available, and if they are, the SNP will be forced to scrap the plan.
