37In proceedings under Article 177 of the Treaty, which is based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in the case is a matter for the national court (see Case 36/79 Denkavit Futtermittel ν Finanzamt Warendorf [1979] ECR 3439, paragraph 12, and Case C-235/95 Dumon and Froment [1998] ECR I-4531, paragraph 25).
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