38The Commission also submits that the risk of confusion falls to be assessed in a concrete manner by the national court, regard being had to the special features of each individual case (judgment in Case 94/82 De Kikvorsch [1983] ECR 947). In the present case, the national court should take account of the divergences between the nominal volumes of the ranges provided for by the directive at issue in the main proceedings. Those divergences provide useful indications for determining those which may be treated as protecting consumers against all risk of confusion. In light of those indications, the divergence between prepackaging with a nominal volume of 0.331 and prepackaging with a nominal volume of 0.3751 does not present any significant risk of confusion inasmuch as the labelling provides the consumer with sufficient information as to the volume of the prepackaged liquid.
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