I am aware that flight into known icing is prohibited if your aircraft is not suitable to fly in icing conditions (unless e.g.: FIKI,...). Given the following example I am wondering if it would be legal to takeoff in Luxembourg in these conditions if your cruising level is well above the cloud tops: Cloud Layer with Cloud tops +/- FL050 and w/ Freezing Level FL040+ and light icing to be shown on a icing forecast / report. What indications are best to use to predict icing? Would this report indicate flight into known icing (I guess Yes, but I am not sure) thus making a takeoff "illegal"?, although you would only briefly pass the narrow layer of icing? The safest answer is obviously to not takeoff(although I do believe it would present no hazard in this situation), but I am simply questioning this from a legal point of view? Thanks!

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