Minimum Unit Pricing Court Process

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Minimum unit pricing court process The Alcohol (Minimum Pricing) (Scotland) Act was passed by the Scottish Parliament in May 2012. The Scotch Whisky Association (SWA) and other European spirits and wine organisations made a legal challenge to the Act, claiming that it is unlawful. Outer House, Court of Session , Edinburgh Jan 2013: Hearing of SWA application for judicial review of Alcohol (Minimum Pricing) (Scotland) Act 2012. May 2013: Judgement delivered. MUP found lawful. Court rules there is objective justification supporting the proportionality of the Act and the proposed minimum price. Inner House, Court of Session , Edinburgh Feb 2014: Hearing of SWA appeal against European Court of Justice , Luxembourg Outer House ruling. Challenge that MUP breaches EU treaty rules. May 2015: Hearing in ECJ April 2014: Inner House makes reference Sep 2015: Advocate General delivers his to European Court of Justice for guidance opinion. AG states that MUP can be on interpretation of EU law. lawful under EU law , but only if proportionality is demonstrated and a Jan 2016: Date set for final hearing. less trade restrictive measure (such as Judges order that any new material, not tax) cannot achieve the same objective . It previously heard, can be submitted by is up to the national court to determine either party prior to the final hearing. whether MUP satisfies proportionality June/July 2016: Four days of evidence test based on the evidence. heard. Dec 2015: ECJ confirms Advocate 21 Oct 2016: Ruling delivered. MUP General’s opinion. found lawful. Court concludes the judge in the original 2013 ruling had directed himself correctly on EU law, that his reasoning on the effectiveness of minimum pricing, as compared to tax, was sound and that the grounds submitted in the appeal were not well founded. UK Supreme Court , London Dec 2016: SWA granted leave to appeal to UK Supreme Court. 24, 25 July 2017: UK Supreme Court hearing. This is the final stage in the legal process and a conclusive decision is expected in autumn 2017. .

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