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Minimum alcohol policy referred to European court Minimum alcohol policy referred to European court
(35 minutes later)
A legal challenge to the Scottish government's policy on minimum alcohol pricing has been referred to a European court by the Court of Session.A legal challenge to the Scottish government's policy on minimum alcohol pricing has been referred to a European court by the Court of Session.
Judge Lord Eassie said the Court of Justice of the European Union should decide whether the proposal was legal.Judge Lord Eassie said the Court of Justice of the European Union should decide whether the proposal was legal.
The case was brought by The Scotch Whisky Association, which argued the legislation breached European law.The case was brought by The Scotch Whisky Association, which argued the legislation breached European law.
Holyrood ministers have said minimum pricing is vital to address Scotland's "unhealthy relationship with drink". Holyrood ministers have said minimum pricing was vital to address Scotland's "unhealthy relationship with drink".
The Court of Session judgement means there could be a delay of up to two years before Scottish government plans to set a 50p rate per unit of alcohol can be implemented.
Scottish Health Secretary Alex Neil said he was "frustrated" by the Scottish Whisky Association's challenge.
In a written judgement, Lord Eassie said: "We have come to the view that - as heralded in the debate before us - the present proceedings raise aspects of those tests and of the role of the national court which are not clearly established.
"There are thus aspects relating to the Scottish ministers claim of justification under article 36 TFEU (Treaty of the Functioning of the EU) which we consider that it would be of help to have the guidance of the Court of Justice of the European Law."
Liver deaths
The Scotch Whisky Association, whose members account for more than 90% of the industry's production, had appealed to the Court of Session against a European Commission ruling which overturned an earlier complaint.
Legislation to bring in the government's price plan was passed by parliament in May 2012 but ongoing legal challenges has prevented the policy from being implemented.
According to NHS figures, Scottish deaths from chronic liver disease are among the highest in Europe, while alcohol kills the equivalent of 20 people a week in Scotland.
Scottish ministers said their minimum pricing plan, under which the ­cheapest bottle of wine would be £4.69 and a four-pack of lager would cost at least £3.52, would help tackle the problem.
The UK government previously shelved plans for minimum pricing in England and Wales, after Prime Minister David Cameron cited concerns over evidence it would not work and possible legal challenges.