Sinclair Collis Ltd. v. Lord Advocate for Scotland

A tobacco vending machine company challenged the legality of a section of a tobacco control law prohibiting tobacco vending machines. The petitioner argued that the law violates the right to free movement of goods between EU member states and infringes their right to property.  In this appellate decision, the court looked to the treaties in addition to European Court of Justice and UK case law to test the proportionality of the Scottish law.  Agreeing with the lower court’s finding that the law was necessary and appropriate to the goal of protecting the health and safety of young people, the court upheld the ban on vending machines for tobacco products.

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Sinclair Collis LTD v. The Lord Advocate [2012] CSIH 80 P576/10

  • United Kingdom
  • Oct 10, 2012
  • Extra Division, Inner House, Court of Session

Parties

Plaintiff Sinclair Collis LTD

Defendant The Lord Advocate of Scotland

Cited Legislation

Tobacco and Medical Services (Scotland) Act 2010, Section 9

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None