CELEX: 62011CN0005
Language: en
Date: 2011-01-06 00:00:00
Title: Case C-5/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 6 January 2011 — Criminal Proceedings against Titus Alexander Jochen Donner

2.4.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 103/14
            
         Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 6 January 2011 — Criminal Proceedings against Titus Alexander Jochen Donner
   (Case C-5/11)
   2011/C 103/24
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Parties to the main proceedings
   
   Titus Alexander Jochen Donner
   
      Other party to the proceedings: Generalbundesanwalt beim Bundesgerichtshof
   
      Question referred
   
   Are Articles 34 and 36 TFEU governing the free movement of goods to be interpreted as precluding the criminal offence of aiding and abetting the prohibited distribution of copyright-protected works resulting from the application of national criminal law where, on a cross-border sale of a work that is copyright protected in Germany
   
               —
            
            
               that work is taken to Germany from a Member State of the European Union and de facto power of disposal thereof is transferred in Germany,
            
         
               —
            
            
               but the transfer of ownership took place in the other Member State in which copyright protection for the work did not exist or was unenforceable?