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Document C2006/178/40

    Case C-244/06: Reference for a preliminary ruling from the Landgericht Koblenz (Germany) lodged on 31 May 2006 — Dynamic Medien Vertriebs GmbH v Avides Media AG

    OJ C 178, 29.7.2006, p. 25–25 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    29.7.2006   

    EN

    Official Journal of the European Union

    C 178/25

    Reference for a preliminary ruling from the Landgericht Koblenz (Germany) lodged on 31 May 2006 — Dynamic Medien Vertriebs GmbH v Avides Media AG

    (Case C-244/06)

    (2006/C 178/40)

    Language of the case: German

    Referring court

    Landgericht Koblenz

    Parties to the main proceedings

    Applicant: Dynamic Medien Vertriebs GmbH

    Defendant: Avides Media AG

    Question referred

    Does the principle of the free movement of goods within the meaning of Article 28 EC preclude a provision of German law prohibiting the sale by mail order of image storage media (DVDs, videos) that are not labelled as having been examined in Germany as to their availability to young persons?

    In particular:

    Does the prohibition of mail order sales of such image storage media constitute a measure having equivalent effect within the meaning of Article 28 EC?

    If so:

    Is such a prohibition justified under Article 30 EC, having regard to Directive 2000/31/EC, (1) even if the image storage medium has been examined as to its availability to young persons by another Member State of the EU and is labelled accordingly, or does such a check by another Member State of the EU constitute a less severe means for the purposes of that provision?

    (1)  OJ L 178, p. 1.

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