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Case C-454/19: Request for a preliminary ruling from the Amtsgericht Heilbronn (Germany) lodged on 14 June 2019 — Criminal proceedings against ZW
ECLI:EU:UNKNOWN:62019CN0454
62019CN0454
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Official Journal of the European Union
C 280/27
(Case C-454/19)
(2019/C 280/36)
Language of the case: German
Referring court
Party to the main proceedings
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).