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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
ECLI:EU:UNKNOWN:62011CN0005
62011CN0005
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Official Journal of the European Union
C 103/14
(Case C-5/11)
2011/C 103/24
Language of the case: German
Referring court
Parties to the main proceedings
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?