51In that regard, although it is for the national court alone to rule on the classification of those terms in accordance with the particular circumstances of the case, the fact remains that the Court has jurisdiction to elicit from the provisions of Directive 2004/39, in this case Article 4(1)(2), the criteria that the national court may or must apply to that end (see, to that effect, judgment in Genil 48 and Comercial Hostelera de Grandes Vinos, C‑604/11, EU:C:2013:344, paragraph 43).
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