41In reply to the doubts expressed by certain governments as to the applicability of that provision to the dispute in the main proceedings, and in the absence of sufficient information on that point in the documents presented before the Court, it should be noted that, in proceedings under Article 234 EC, 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, in particular, Case C-326/00 IKA [2003] ECR I-1703, paragraph 27 and case-law cited therein), and that, in this case, the referring court appears to have concluded that Article 52 of the Treaty applies to the dispute before it.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.