Task: To give legal advice

Facts Recap: A newly established Spanish company called 'Pixel X'' was transporting a batchof olive oil bottles of its best-selling product, 'Legit Olive Oil', from Spain to Belgium via France. TheLegit Olive Oil is a budget olive oil which contains an olive oil content of 75 per cent. It is marketed inother member states, and the Legit Olive oil is keen to enter the German market....

New issue:On the 12th January,when 'Legit OliveOil' eventually arrivedin Germany, theGermanauthorities issued a notice that the consignment of Real Olive Oil' oil could not be marketed and soldin Germany. The notice was issued by the authorities on the basis of German legislation which seeks to'protect public health' so as to 'avoid the sale of olive oils that do not comply with the standards of'purity'that requires theolive oil to contain atleast 90% ofpure olive oils.The German authoritiesassert that, whilst the legislation does not ban the sale of olive oils, it does prohibit the sale of the oilthat has an olive oil content of less than 90 per cent.

German authorities:

The German authoritiesclaim that therestriction is permittedunder EU. Inany event, theGermanauthoritiesargue that ifthe restriction isnot permitted underEU law, thenGerman legislation takespriority over provisions of EU law.

Legal advice As aleading EU lawyeron the matter,you have beeninstructed by Pixel Xtoprovide legal advice on the following:

6.WouldThe Pixel X beable to arguethat the Germanlegislation as beingcontrary toArticle 34 TFEU; if so, on what basis?