Evidence and Proportionality in Free Movement Cases: The Impact of the Scotch Whisky Case

• Published in: European journal of risk regulation Vol. 11; no. 1; pp. 109 - 130
• Main Authors: BARTLETT, Oliver, MACCULLOCH, Angus
• Format: Journal Article
• Language: English
• Published: Berlin Cambridge University Press 01.03.2020
• Subjects: Alcohol; Case law; Courts; Health education; International law; Intervention; Judicial reviews; Legislation; Litigation; Policy making; Prices; Public health; Rule of law; Taxation; Tobacco; Whiskey; United Kingdom > UK; Scotland

Market interventions to protect public health are likely to be subject to EU law challenge as contrary to the rules on free movement. In the Scotch Whisky case the CJEU stressed the importance of defined public health objectives and supporting evidence in the analysis of whether interventions are ju...