MINIMUM pricing for alcohol will only be legal if it could be shown no other approach can deliver the same public health benefits, Europe's top court has said.

The opinion of the European Court of Justice has led to supporters and opponents of the Scottish Government's flagship alcohol policy both claiming advantage and insisting it supports their stance.

Health experts have said the case for minimum unit pricing (MUP) above other mechanisms such as taxation have already been made in Scotland's courts, with the Europe's eventual ruling going back to the Court of Session for a final decision.

The Scotch Whisky Association (SWA), which brought the challenge to the policy to Europe, however said the opinion by Yves Bot, European Court of Justice Advocate General, encouraged its view that minimum pricing would be ruled illegal.

But with the Scottish Government now having to prove MUP would be more effective than increased taxes yet lacking the devolved powers to increase alcohol duty, there are predictions the "minimum pricing Punch and Judy Show" could take on a Holyrood versus Westminster dimension.

In his opinion released earlier today, Mr Bot said the policy system risked infringing the principle of the free movement of goods and would only be legal if it could be shown that no other mechanism was capable of achieving the desired result of protecting public health.

The Advocate General suggested that increasing taxation of alcohol could be an alternative and it would be for the Scottish government to prove that this was not a suitable means of curbing excessive consumption of alcohol.

He said: “A Member State can choose rules imposing a minimum retail price of alcoholic beverages, which restricts trade within the European Union and distorts competition, rather than increased taxation of those products, only on condition that it shows that the measure chosen presents additional advantages or fewer disadvantages by comparison with the alternative measure.”

MSPs passed legislation which set a minimum unit price of 50p in 2012, with the SWA challenging the proposals, claiming it acted as a barrier to trade.

The legal bid was initially rejected by judge Lord Doherty at the Court of Session in Edinburgh in 2013.

Championing its effects, leading medical experts Scottish Health Action on Alcohol Problems (SHAAP) said the policy had not been implemented "because a consortium of global alcohol producers, fronted by the SWA, has fought its implementation every step of the way".

Eric Carlin, SHAAP director, said: “This is a good day for public health. The Advocate General has made clear that the Scottish Minimum Unit Pricing policy is justified as a regulatory measure that is permitted in European law to work alongside taxation to reduce the lives being destroyed and early deaths causes to Scots every day by cheap alcohol."

Jennifer Curran, acting deputy chief executive of Alcohol Focus Scotland, said: "Today’s opinion fhopefully means we are one step closer to implementing MUP in Scotland.

"Taxation alone simply cannot deliver the same benefits that minimum pricing can in raising the price of the cheapest alcohol that causes the most harm."

Alastair Campbell, managing director of Tennent Caledonian Breweries, long-time supporters of MUP, added: "It would be a lost opportunity for Scotland if minimum pricing were not introduced. As always, but particularly in light of today, we encourage the Scottish Government to continue to show leadership."

But David Frost, SWA chief executive, said: “We welcome the Advocate General’s opinion on MUP. The opinion encourages us in our long-held view that MUP is illegal when there are less trade restrictive measures available."