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Question 5 Gelato is a small family-run Italian ice cream manufacturer of awarding-winning luxury bio-organic ice-cream. They seek your legal advice in respect of the

Question 5 Gelato is a small family-run Italian ice cream manufacturer of awarding-winning luxury bio-organic ice-cream. They seek your legal advice in respect of the following issues that they have recently encountered in their attempts to develop a pan-European business: (a) In Sweden, ice-cream produced in other EU Member States is subject to a special importation charge equivalent to 1 EUR per litre of ice-cream on the grounds that ice- cream is an extravagant pleasure which should be reserved to wealthy people; (b) In France, ice-cream may not contain more than 50% full fat milk because of new measures introduced by the French authorities to combat child obesity; (c) In Greece, advertising of ice-cream is banned on television on a similar ground, that is, to limit child obesity. 80% of Greek consumption of ice-cream is however domestic and Gelato believes that non-television media is less effective at reaching youth audiences especially for foreign producers. Advise Gelato as to any EU law issues arising with respect to (a) the Swedish charge; (b) the French product requirement and (c) The Greek advertising rule. For reference, Article 30 TFEU provides 'CusGeorges duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to cusGeorges duties of a fiscal nature' and Article 34 TFEU provides that 'Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.'

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