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Scotch Whisky Association: justifying barriers to trade

Michael Anderson and Katy Howard (Joseph Hage Aaronson) review the decision in Scotch Whisky, which provides helpful guidance on how a national court should apply the proportionality test in an EU law context.

The Alcohol (Minimum Pricing) (Scotland) Act 2012 (‘the Act’) an Act of the Scottish Parliament that received royal assent in June 2012 provides for a minimum price per unit of alcohol (MPU) for retail sales of alcoholic drinks in Scotland. It also grants an Order-making power to the Scottish ministers to specify the MPU.  
 
The Scottish ministers adopted an Order – never in force – setting the MPU at 50 pence (‘the Order’) and notified the European Commission of this. In September 2012 the Commission issued an opinion that this measure constituted a quantitative restriction within the meaning of article 34 of the Treaty on the...

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