FDBusiness.com

ECJ rules: Minimum price of alcohol in Scotland restricts the free trade

 Breaking News
  • HKScan Opens New €80 Million Poultry Plant HKScan, the Nordic meat group, has just opened its new, state-of-the-art poultry unit at Rauma in Finland. Valued at over €80 million, the new facility is the largest investment in HKScan’s history. Indeed, the state-of-the-art Rauma unit ranks among the most significant investments in the history of the Finnish food industry. Jari Latvanen, president and chief [...]...
  • Record Growth For UK Food and Drink Exports in First Half of 2017 The first half of 2017 saw exports of all UK food and drink grow to £10.2 billion, up 8.5% on the first half of 2016. This represents the highest first half exports value on record. The UK’s top 3 export products are whisky, salmon and beer. Contrary to recent export trends, stronger growth was reported [...]...
  • Nurturing Locally, Growing Globally – International Meat Congress ICoMST 2017 in Cork The 63rd International Congress of Meat Science and Technology (ICoMST 2017) took place at the Rochestown Park Hotel, Cork, during August 13-18, 2017 and was chaired by Teagasc’s Assistant Director of Research Declan Troy. Over 450 papers were presented at the congress, many by Teagasc researchers. The role of meat in strategies to achieve a sustainable diet [...]...
  • Tempting Batters Now With Clean-label Benefits A leading German natural starch producer, KRÖNER-STÄRKE, perhaps better known as a natural, starch supplier for bread manufacturers, has turned its attention to the convenience market. With a view to cleaning-up the unhealthy image of breaded or battered foodstuffs, the company has succeeded in developing specialist wheat starches which allow food processors to formulate on-trend, [...]...
  • B&R is Introducing a Hypervisor For Its Automation System B&R is introducing a hypervisor for its automation system. This software allows Windows or Linux to run alongside B&R’s own real-time operating system. That enables you to combine the control and HMI applications on a single PC, for example, or have an industrial PC double as both a real-time controller and an edge controller that [...]...
  • Florette Further Expands its UK Business In line with its strategy to be a major player within the UK fresh produce category, Florette UK & Ireland (part of the French Agrial group) has acquired the Wigan site of MyFresh Prepared Produce, a producer of a wide range of salad and vegetable products. MyFresh, Wigan, which employs almost 300 people and was [...]...

ECJ rules: Minimum price of alcohol in Scotland restricts the free trade

ECJ rules: Minimum price of alcohol in Scotland restricts the free trade
January 05
12:58 2016

The European Court of Justice has investigated whether the minimum price per unit (MPU) of alcohol, introduced by the Scottish parliament in 2012, restricts the free trade of alcohol and whether it is indeed the best way to protect the health of the public, as was intended.

The objective of the Scottish legislation is to protect human life and health. A minimum price per unit of alcohol would lead to an increase LA 4 in the currently modest price of some high-strength alcoholic drinks. Such drinks are often purchased by those whose consumption of alcohol is problematic. In the opinion of the Scottish legislature, that objective could not be achieved with the same degree of success by means of tax measures.

The court sought to ascertain whether the introduction of a minimum price is compatible with EU law. In particular, that court asks whether the effect of the legislation at issue is to restrict the free movement of goods and, if it does, whether that restriction can be justified on the ground of the protection of health.

In a case brought by the Scottish Whisky Association et al against the legislation, the court found that the same effect (that of reducing problematic alcohol consumption) could be established by effective tax measures. The court concluded that it is for the Scottish government to decide on the best way to manage the situation but in a statement it said:

“In [the] judgment, the Court of Justice considers that the effect of the Scottish legislation is significantly to restrict the market, and this might be avoided by the introduction of a tax measure designed to increase the price of alcohol instead of a measure imposing a minimum price per unit of alcohol.”

It continued: “According to the Court, a fiscal measure that increases the taxation of alcoholic drinks is liable to be less restrictive than a measure imposing an MPU since, unlike where there is a minimum price; traders retain the freedom to determine their selling prices.”

There are many European countries that have debated following Scotland’s lead in the battle to reduce problematic alcohol consumption. Ireland, in particular, has expressed its wish to implement similar MPU legislation in the near future.

The court is expected to make its final ruling on the legislation this month.

About Author

admin

admin

Related Articles



Food & Drink Business Conference & Exhibition 2016

Upcoming Events

  • September 11, 2017drinktec
  • September 13, 2017FI Asia
  • September 19, 2017PROCESS EXPO 2017
  • September 22, 2017Global Summit on Food & Beverages
AEC v1.0.4

The Magazine

F&D Business Preferred Suppliers

Advertisements