Welcoming the decision, Paul Skehan, director general of spiritsEUROPE, said that the trade body had always “contested the likely efficacy” of MUP whatever its legal status.
“In advance of the ECJ hearing, we will continue to work with all willing partners to develop and support campaigns aimed at really reducing alcohol-related harm,” he said.
The challenge over the Alcohol (Minimum Pricing) (Scotland) Act 2012 therefore continues on the basis of EU law, after an initial refusal in the Scottish courts on November 29.
Giving its opinion on April 30 the Scottish Court of Justice noted that some aspects of EU law are unclear in relation to MUP.
The court added that 11 member states had already written to the European Commission opposing Scotland’s proposals.