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In Scotch Whisky Association the Court of Justice held that a minimum unit pricing mechanism on alcoholic drinks constituted a measure equivalent to a quantitative restriction under art.34 TFEU, because it prevents the lower cost price of imported products being reflected in the selling price to the consumer, and therefore hinders market access. Both the Advocate General and the Court used this judgment to introduce some remarkable insights particularly on the future of the market access formula, the relationship of the Common Agricultural Policy to the freedom of goods, and how national courts need to make recourse to scientific evidence when applying the proportionality test.
