Judgment_paragraph 21 · Oliver Jestel v Hauptzollamt Aachen (C-454/10)

21Since that condition concerns considerations of a factual nature, in the light of the division of powers between the Courts of the European Union and the national courts, it is for the national court to determine whether that condition is satisfied in the main proceedings (see, to that effect, Papismedov and Others, paragraph 41). When giving a preliminary ruling on a reference, however, the Court may, in appropriate cases, give clarifications to guide the national court in its decision (see, to that effect, Case C-446/07 Severi [2009] ECR I-8041, paragraph 60, and Case C-232/09 Danosa [2010] ECR I-11405, paragraph 34).

Oliver Jestel v Hauptzollamt Aachen (C-454/10)

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