Judgment_paragraph 53 · Scotch Whisky Association and Others v The Lord Advocate and The Advocate General for Scotland (C-333/14)

53Since a prohibition such as that which arises from the national legislation at issue in the main proceedings amounts to a derogation from the principle of the free movement of goods, it is for the national authorities to demonstrate that that legislation is consistent with the principle of proportionality, that is to say, that it is necessary in order to achieve the declared objective, and that that objective could not be achieved by prohibitions or restrictions that are less extensive, or that are less disruptive of trade within the European Union (see, to that effect, judgment in Franzén, C‑189/95, EU:C:1997:504, paragraphs 75 and 76, and Rosengren and Others, C‑170/04, EU:C:2007:313, paragraph 50).