CELEX: 62019CN0454
Language: en
Date: 2019-06-14 00:00:00
Title: Case C-454/19: Request for a preliminary ruling from the Amtsgericht Heilbronn (Germany) lodged on 14 June 2019 — Criminal proceedings against ZW

19.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 280/27
            
         
      Request for a preliminary ruling from the Amtsgericht Heilbronn (Germany) lodged on 14 June 2019 — Criminal proceedings against ZW
      (Case C-454/19)
      (2019/C 280/36)
      Language of the case: German
      
         Referring court
      
      Amtsgericht Heilbronn
      
         Party to the main proceedings
      
      ZW
      
         Questions referred
      
      
                  1.
               
               
                  Is primary and/or secondary European law, in particular Directive 2004/38/EC (1) of the European Parliament and of the Council, in the sense of a full right of EU citizens to move and reside freely within the territory of the Member States, to be interpreted as meaning that it also covers national criminal provisions?
               
            
                  2.
               
               
                  If the question is answered in the affirmative: does the interpretation of primary and/or secondary European law preclude the application of a national criminal provision which penalises the retention of a child from his guardian abroad where the provision does not differentiate between Member States of the European Union and third countries?
               
            
         (1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004, L 158, p. 77).