After a highly successful racing career. professional cyclist Mark Devonshire decides to retire from competition. He decides to use the millions he has earned as a cyclist to establish a new business. Having never been particularly good on climbs. Devonshire sets up business in Italy designing and manufacturing eobikes. While e-bikes have soared in popularity in recent years. Devonshire knows from experience that certain types of cyclist would never wish to be seen on a bike with a large battery strapped to the frame. Devonshire therefore designs a bike using lithium~ion batteries with the latest fluorinated and silylated electrolyte additives. These highly efficient batteries can be concealed inside of the frame. with a small motor inside the crankset. The result is that it is almost impossible to tell that Devonshire's bikes are not conventional road bikes. Devonshire's bikes are not capable of self-propulsion. but they provide additional assistance to cyclists pedalling up hill. The bikes are a huge hit with wealthy elites in northern Italy and Monaco. so Devonshire plans on expanding into other mountainous markets in Europe. Devonshire plans to lead with his two best~selling ebikes — the Dev200 and Dev300 models. which have a maximum continuous power output of 200 and 300 watts, respectively. In accordance with Regulation {EU} No 168.0013 of the European Parliament and of the Council, Devonshire seeks prior authorisation from the vehicle standards agencies of France and Spain. The French standards agency. AFNOR. refuses permission for the DeVZOO and Dev300 models for use on French roads on the following grounds: 1. As the bikes are visually indistinguishable from conventional road bikes. motorists may not be aware that they are eobikes. which means they might take longer to overtake than drivers anticipate. 2. The bikes are not fitted with audible warning devices or rearview mirrors. Nothing in the decision of the French authorities prohibits the sale of either model in France. and owners are free to use the bikes as they wish on private land. but the bikes are not approved for use on public roads. Devonshire has more success with the Spanish authorities. Both bikes are approved for use on public roads in Spain. and Devonshire instincts a public relations (PR) agency to prepare a marketing campaign, but encounters a significant hitch. Concerned about the growing role of online 'influencer's' and their sway. in particular. with younger consumers. Spain has recently adopted legislation prohibiting the use of celebrity endorsements as a means of marketing goods and services. While the bikes can retain their names. Devonshire cannot include his own name or image on any marketing materials. Devonshire is furious. He believes that the French authorities are merely protecting their own domestic bicycle manufacturing industry. He is certain that as neither bike can exceed 25kmfh, they are of little difference to conventional road bikes. He is also conceded that Spanish consumers will not associate the bikes with his reputation as one of the greatest road cyclists of all time. 

Hr Devonshire comes to you for advice about challenging both of these measures. Advise Mr Devonshire.

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Mr Devonshire can consider the following actions Challenge in France 1 Engage Legal Counsel Consult legal experts specializing in EU regulations and F... View the full answer