Huťko just learned that the first senate of Bundesgerichtshof already referred its questions to the Court of Justice of European Union in the UsedSoft case (I ZR 129/08 ). UsedSoft is very interesting copyright case that deals with the resale of downloaded software. Court of Justice was asked to clarify the legal uncertainty that exists with respect to software which has been sold not physically but online. There is no attached number or any mention on Curia’s website so far.

Press release of Bundesgerichtshof (in German),
Press release of UsedSoft (in English),
Coverage by Computer und Recht (in German).