SWA’s challenge against Scottish alcohol minimum pricing plan faces rejection

This article was last updated on April 16, 2022

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Scotch Whisky Association (SWA) and other European spirits producers’ legal challenge against the introduction of alcohol minimum unit price in Scotland, has been dismissed by Edinburgh’s highest court.

Scotland’s highest civil court has rejected SWA’s appeal against legislation which would see a minimum unit price of 50p brought in north of the border.

The judge sitting at the Court of Session in Edinburgh, Lord Doherty has summarized the court’s ruling: “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.”

The SWA and other European wine and spirits producers were claiming that the law, passed at the Scottish Parliament last year, breaches the U.K.’s European Union (EU) treaty obligations because it would restrain trade.

Under the Scottish government’s proposals, the ­cheapest bottle of wine planned to be priced at £4.69 and a four-pack of lager would cost at least £3.52.

SWA’s CEO, Gavin Hewitt has said after the ruling: “We are disappointed our petition for judicial review has been refused. We are surprised at the ruling in light of 30 years of European case law on minimum unit pricing (MUP). We will be appealing against this decision and we remain confident of our position.

“The view from Europe is very different to that expressed by the court and we are not alone in having concerns about the legality of MUP. We are joined in our legal action by Spirits Europe and Comite Vins. The European Commission and more than 10 member states have expressed their concerns that MUP contravenes European Union trading rules and their opposition to the Scottish proposals.

“We have consistently opposed MUP so our decision to appeal should not come as a surprise. The Scottish Government has agreed to not introduce MUP until the legal process, including appeals, is complete.”

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