Balancing free movement and public health: The case of minimum unit pricing of alcohol in Scotch Whisky

What is the role of a national court in the review of national measures restricting free movement? In which way should it review the proportionality of those measures when adopted on public health grounds, and on the basis of what evidence? And what is the burden of proof that the relevant Member State must discharge?

The author in this article tries to answer the issues raised by analysing the judgement of the European Court of Justice in 'Scotch Whisky Association and Others v. Lord Advocate and Advocate General for Scotland'.

• Primary Source

ESO: Background information: Judgment in Case C-333/14 Scotch Whisky Association and Others v Lord Advocate http://www.europeansources.info/record/press-release-judgment-in-case-c-333-14-scotch-whisky-association-and-others-v-lord-advocate/

ESO: Background information: Minimum alcohol price plan referred to European court by Scottish judges http://www.europeansources.info/record/minimum-alcohol-price-plan-referred-to-european-court-by-scottish-judges/

Blog: EU Law Analysis, 16.11.17: Minimum Alcohol Pricing is Appropriate & Necessary: Scotch Whisky Association v Lord Advocate [2017] UKSC 76 http://eulawanalysis.blogspot.co.uk/2017/11/minimum-alcohol-pricing-is-appropriate.html

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