Biborova is a Latvian company producing Vodka. It is particularly well known for 'Bibotal', a line of ready-made vodka cocktails that it markets in one litre plastic bottles. Bibotal is marketed and sold for consumption in private homes, and is not distributed to bars or restaurants. Biborova now decides to enter the Polish market with Bibotal but encounters several difficulities. First, the Intoxicating Substances Law of 2003 in Poland provides that intoxicating substances can only be marketed in glass bottles for reasons of consumer protection and public health. Biborova will thus incur high packaging costs in order to be able to sell its products on the Polish market. Secondly, according to the Advertisement Law of 2004 in Poland, alcohol can only be advertised in bars, restaurants and specialised food magazines. Biborova fears that this will seriously diminish its chances of promoting Bibotal in the Polish market. Biborova thinks that the Intoxicating Substances Law of 2003 and the Advertisement Law of 2004 in Poland are contrary to European law. Advise Biborova.

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