Minimum alcohol price plans suffer setback over European Court of Justice ruling

Plans for a minimum alcohol price have suffered a setback after the European Court of Justice (ECJ) ruled similar plans in Scotland would breach EU law if less restrictive tax measures could be introduced.

Judges at the Luxembourg court found the policy would restrict the market, which could be avoided by the introduction of an alternative tax measure designed to increase the price of alcohol.

However, it said the test as to whether minimum unit pricing is legal or not is if it is more effective than other tax measures such as excise duty in achieving the desired public health benefit. It ruled that, ultimately, this was for national courts in individual EU states to decide.