Judgment_paragraph 40 · Belgian State v Pierre Henfling and Others (C-464/10)

40In the procedure referred to in Article 267 TFEU, it is for the national court hearing a dispute concerning the application of Article 6(4) of the Sixth Directive to inquire, having regard to all the details of the case, and in particular the nature of the contractual obligations of the trader concerned towards its customers, whether or not that condition is met (see, to that effect, in relation to Article 26 of the Sixth Directive, Case C-163/91 Van Ginkel [1992] ECR I-5723, paragraph 21, and Case C-200/04 ISt [2005] ECR I-8691, paragraphs 19 and 20).

Belgian State v Pierre Henfling and Others (C-464/10)

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