A: Problem question Peter Paddock has a wine growing business in the South of England,1 which in the wake of global warming is becoming ever more successful. Peter's Chardonnay grapes in particular are in high demand because they won a number of awards. In 2017, Peter plans to expand his operations, step up production and to conquer new markets in other EU Member States. On planning his new business strategy, Peter becomes wary of a number of potential hurdles and wonders whether he can challenge them relying on EU law while it still applies in the UK. a) New French legislation (fictional) bans the sale of Chardonnay wines without a clear indication of country of origin. Further, OPSF (fictional), an ingredient ensuring sufficient sweetness for wine in years of little sunshine, is forbidden in France for use in wine. OPSF is allowed as an addition to fruit juices, although the legislation on wine ingredients is justified by health concerns connected to OPSF. Further, the rules of the Michelin Guide provide that any restaurant serving Chardonnay wines from outside France will not receive more than two Michelin stars. The Michelin Guide is produced by a private organisation, but the award is sponsored by state funds. Peter Paddock foresees severe marketing barriers for his business in France, and wishes to know whether these rules can be challenged under EU law. b) Peter Paddock has an employment problem: reliable wine harvest helpers from Sussex are not prepared to work for wages close to the minimum wage. With the help of employment agencies in Poland, Romania and Spain, Peter Paddock engages a number of workers from these countries, including two sales assistants from Spain, Maria Goncales Alvaro and Ana Garcia Nieto. Peter's employers' association provides useful information leaflets in the native languages of prospective employees advising the workers how to apply for tax credits and child benefits. Maria and Ana, who are accompanied by their children, are initially granted child benefits. A few months after the Brexit vote, the child benefits are discontinued. The reason given is that the children fail an 'ordinary residency test' on the grounds that they spend 3 months a year with their grandparents in Spain. The mothers want this to continue in order for the children to remain fluent in Spanish and also learn to read and write the language. Peter Paddock wishes to know whether he or his workers can challenge these new restrictions by relying on EU law. c) Peter Paddock also experiences difficulties in exporting his wines to Latvia. In an effort to combat increasing alcoholism, the Latvian Parliament has adopted legislation on the socially conscious trade in alcoholic beverages. This legislation requires that any wholesale trade in alcoholic beverages must be conducted by a trading company which has established a branch in Latvia. Peter Paddock has established a branch of his trading organisation in Lithuania, 1 Increasing success of Sussex as a wine growing region is not at all fictional (http://www.independent.co.uk/extras/indybest/food-drink/best-english-wine-chapel-downcamel-valley-nyetimber-9100166.html), and even Ireland is now listed as a wine growing country (http://www.thejournal.ie/irish-wine-2351581-Sep2015/). It is suggested that students complete their EU and all other coursework, as well as their exams before exploring any alternative career path in wine growing. from where he intends to serve the Baltic region and Poland. He considers that the emerging trade in the region renders established branches in each of the countries inefficient, and also prefers Lithuania because he has a reliable business partner there. Peter Paddock wishes to know whether he can challenge these Latvian rules, relying on EU law