29In so far as the Commission seeks to call into question the factual context of the case in the main proceedings, as it appears in the order for reference, it should be borne in mind that, in the context of proceedings under Article 267 TFEU, 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. The Court of Justice is thus empowered to rule on the interpretation or validity of EU law provisions only on the basis of the facts which the national court puts before it (see, inter alia, judgment of 16 July 1998 in Dumon and Froment, C‑235/95, EU:C:1998:365, paragraph 25 and the case-law cited).
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