31The Court of Justice is not in a position, at the present stage of the proceedings, to give judgment on the merits of the action brought before the General Court, which involves the consideration of questions of fact based on evidence which were not assessed before the General Court or argued before the Court of Justice (see, to that effect, judgment of 17 July 2008, Athinaïki Techniki v Commission, C‑521/06 P, EU:C:2008:422, paragraph 66).
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