This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.bbc.co.uk/news/uk-scotland-34133269

The article has changed 5 times. There is an RSS feed of changes available.

Version 0 Version 1
European court opinion due on minimum alcohol pricing European court says minimum alcohol pricing 'could break trade rules'
(about 9 hours later)
The European Court of Justice is due to issue a preliminary ruling over plans to introduce a minimum unit price for alcohol in Scotland. The Advocate General of the European Court of Justice has said plans for minimum alcohol pricing in Scotland risk infringing EU rules on free trade.
Yves Bot said minimum pricing would only be legal if it could be shown that no other mechanism - such as increasing taxes - was capable of delivering the desired public health benefits.
The Scottish Whisky Association had challenged the proposals.
The court will now deliberate before delivering its final judgement.
That process could take up to six months.
Legislation to bring in a minimum unit price of 50p was passed by the Scottish Parliament in May 2012.Legislation to bring in a minimum unit price of 50p was passed by the Scottish Parliament in May 2012.
But a legal challenge was brought by the Scotch Whisky Association (SWA), which argued it breached European law. However, the Scotch Whisky Association (SWA), which argued it breached European law.
The legal bid was initially rejected by judge Lord Doherty at the Court of Session in Edinburgh in 2013.The legal bid was initially rejected by judge Lord Doherty at the Court of Session in Edinburgh in 2013.
But following an appeal hearing, the case was referred to the European court in Luxembourg for its opinion last year.But following an appeal hearing, the case was referred to the European court in Luxembourg for its opinion last year.
The opinion is due to be delivered by the court's advocate general. The opinion was delivered by the court's advocate general.
In most cases an opinion is in line with a final European Court judgement.In most cases an opinion is in line with a final European Court judgement.
The Scottish government, which has argued that minimum pricing is vital to address Scotland's "unhealthy relationship with drink", has been unable to implement the policy while the legal process is ongoing.The Scottish government, which has argued that minimum pricing is vital to address Scotland's "unhealthy relationship with drink", has been unable to implement the policy while the legal process is ongoing.
The SWA's legal bid has been backed by other European wine and spirits producers.The SWA's legal bid has been backed by other European wine and spirits producers.
The industry body has described the legislation, which is supported by health professionals and the police, as "un-targeted, misguided and illegal", and argues that it acts as a barrier to trade.The industry body has described the legislation, which is supported by health professionals and the police, as "un-targeted, misguided and illegal", and argues that it acts as a barrier to trade.
Once the preliminary ruling is issued, the case will be referred back to the Court of Session for a final decision. 'Hazardous drinking'
The case will be referred back to the Court of Session for a final decision.
Linda Bauld, Professor of Health Policy at Stirling University's Institute for Social Marketing, said raising the price of alcohol in Scotland would save lives.
Professor Bauld told BBC Radio Scotland's Good Morning Scotland programme: "The reason the Scottish Parliament passed this measure is that there is strong and clear evidence that increased price reduces both hazardous drinking and alcohol problems.
"It is really unfortunate that we have had this delay because of this legal case.
"We know that since minimum pricing was passed in the Scottish Parliament, around 2,500 Scots have died because of alcohol. If we could raise the minimum price, we know we could save some lives and also the other harm caused by alcohol in Scotland."
Former Conservative MEP Struan Stevenson said he was concerned about what the introduction of a minimum price for alcohol would do to Scotland's trade position.
He told Good Morning Scotland: "I think it would drive a cart and horse through the internal market rules in the EU and would also have a detrimental impact on external trade.
"If you consider there is a ban on price fixing within the internal market on the freedom of movement of goods, and if you also take into account we are trying in the last stages to negotiate a free trade agreement with India, they apply a 150% tariff on Scots whisky.
"If we suddenly say we are putting up the minimum price of alcohol on health grounds, it undermines our whole negotiating position."