This article focuses on the European Court of Justice's [ECJ] recent case law on the free movement of goods in order to show how the boundaries of the prohibition laid out under Articles 28 to 30 EC are once again coming under strain. Such a development, it will be argued, can be observed both in terms of the modification of the scope of the prohibitions set out by Articles 28 and 29 EC and of their application to purely internal situations.

In recent months a criminal law case has strained relations between Germany and Turkey. A 17 year-old German citizen, who had been vacationing in a Turkish seaside resort town of Antalya with his parents was arrested there in Spring 2007 for allegedly having sexually abused a 13 year- old girl, also a tourist on holiday in Turkey with her parents. Presently, court proceedings are still underway in Antalya. Although the suspect has admitted to having had a sexual encounter with the girl, tests indicated that the intercourse was consensual. Initially both politicians and parts of the media expressed their shock at the arrest and detention of the suspect rather than the alleged crime itself. At the present time of writing there is insufficient information to adequately assess the facts of the case and it is important to note that the young man has not yet been convicted of any crime. Yet, based on media reports concerning statements made by the suspect himself, the case presents a number of interesting questions from the perspective of German law. These questions require a closer look, particularly in the light of the criticism directed at Turkish authorities from German politicians and media and since the Staatsanwaltschaft (Office of the Prosecutor) in Lüneburg (the suspect's hometown) is now investigating as well. This article considers, as a revealing comparative exercise, how the alleged crime would be addressed under German law.