17As regards, first, the genuine nature of the dispute in the main proceedings, it should be noted that the claim for judicial review of the ‘intention and/or obligation’ of the United Kingdom Government to implement Directive 2014/40, which Pillbox has brought before the referring court, has been held admissible by the latter, even though, when those claims were brought, the period prescribed for implementation of the directive had not yet expired and no national implementation measures had been adopted. There is, moreover, disagreement between Pillbox and the Secretary of State for Health as to whether or not the abovementioned claim is well founded. Given that the referring court has been asked to resolve that disagreement, it is not obvious that the dispute in the main proceedings is not genuine (see, by analogy, judgment in British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraphs 36 and 38).
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