C-5/11

Titus Alexander Jochen Donner

This case raises the following question which has been sent to the Court of Justice for a preliminary ruling:

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?