Scotland’s Alcohol Minimum Pricing: First Encounter with EU Law

In this special extended article, Arianna Andreangeli analyses the opinion of the Advocate General in the preliminary reference case on the compatibility of Scotland’s minimum pricing with EU internal market rules. The central question, she writes, is whether the measures meet a public policy objective in an appropriate and proportional way that justifies the limitations on trade. She argues that, while the EU court will give guidance on how to apply EU law, it will ultimately remain for the national court to decide, balancing the evidence, public policy and the will of the legislature on one side, and the effective application of EU law on the other.