ECJ to deliver ruling in MUP alcohol saga

The issue ended up in court after MSPs approved the plans for minimum unit pricing (MUP) in 2013.

Various interested parties including doctors and health campaigners want to see alcohol sold on the basis of alcoholic strength, with each unit costing 50p in the hopes of saving about 500 lives every year.

But the whisky industry, as well as foreign wine producers, worry it will push up costs and distort the market.

The ruling follows Advocate General Yves Bot’s interim ruling in September after receiving a referral from the Court of Session.

He said the MUP may be illegal under EU rules on the free movement of goods but that it would be permissible if it were the most effective public health measure that could be made.

And while his decision is not binding, it will be highly persuasive – the court often follows the decision of the Advocate General.

The Inner House will give its ruling early next year, with the option to appeal to the Supreme Court remaining for the losing party.

A Scottish government spokeswoman said: “The legal process is on-going and we await the preliminary ruling from the Court of Justice, before the case returns to the Scottish courts.

“The Scottish government remains certain that minimum unit pricing is the right measure for Scotland to reduce the harm that cheap, high-strength alcohol causes our communities.

“Given the link between affordability and harm, we believe addressing price is an important element of any long term strategy to tackle alcohol misuse.”