Minimum alcohol pricing legal challenge rejected

But the Scotch Whisky Association (SWA) is to appeal after the Court of Session yesterday rejected its claim that Holyrood has overstepped its powers and that the move breached trade EU laws.

Minimum pricing is at the heart of the SNP’s plans to tackle Scotland’s “unhealthy” relationship with alcohol. New laws to introduce the measure were passed last year, but met with an immediate court challenge by the SWA and European drinks firms.

The ruling yesterday found the proposals are not contrary to EU law and could be justified on health grounds. A summary of the decision by Lord Doherty said: “The court ruled that the Acts of Union were not an impediment to the minimum pricing measures.

“The court also decided that the measures were not incompatible with EU law.”

It added: “In so far as the measures had equivalent effect to quantitative restrictions on imports, they were justified on the grounds of the protection of life and the health of humans.”

The court also found that there was no need to refer to the European Court of Justice for a ruling on EU law.

Health secretary Alex Neil welcomed the ruling. He said: “We have always believed that minimum unit pricing is the right thing to do to tackle Scotland’s prob