Judgment_paragraph 55 · Scotch Whisky Association and Others v The Lord Advocate and The Advocate General for Scotland (C-333/14)

55It must however be stated that that burden of proof cannot extend to creating the requirement that, where the competent national authorities adopt national legislation imposing a measure such as the MPU, they must prove, positively, that no other conceivable measure could enable the legitimate objective pursued to be attained under the same conditions (see, to that effect, judgment in Commission v Italy, C‑110/05, EU:C:2009:66, paragraph 66).