Nicola Sturgeon has said that the European Court of Justice has not told the Scottish Government it cannot introduce minimum alcohol pricing.
The European Court of Justice (ECJ) ruled that the Scottish Government's plan for a minimum alcohol price could breach EU law if less restrictive tax measures could be introduced.
It concluded that 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.
The court said it was ultimately for the national court of an EU state to determine whether other measures would be as effective in achieving the desired public health benefit.
However, the First Minister said that reports the court had told the Scottish Government it could not introduce minimum pricing were incorrect.
ECJ opinion on minimum pricing welcome. We believe it is most effective way of tackling alcohol misuse. National court will now decide.
— Nicola Sturgeon (@NicolaSturgeon) December 23, 2015
No, it doesn't @SkyNews. Might be an idea to read the opinion. It sets tests that Scottish court needs to apply. https://t.co/5GPqntLjiB
— Nicola Sturgeon (@NicolaSturgeon) December 23, 2015
No, it doesn't. It sets out tests national court needs to apply. We think those tests can be passed https://t.co/oC90vuX4Zf
— Nicola Sturgeon (@NicolaSturgeon) December 23, 2015
Scotch Whisky Association (SWA) officials mounted a legal challenge alongside other European wine and spirits producers after legislation to introduce minimum pricing was passed by the Scottish Parliament in 2012.
The case will now be referred back to the Court of Session in Edinburgh for a final decision.
The case was referred to the ECJ last year for its opinion on six points of European law, with an interim opinion published in September.
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