40Although the Slovak Government states, in its written observations, that the differentiated application of the national rules identified by the referring court is not based on whether or not the dispute is connected to EU law, but on the different nature of the proceedings at issue, it is, however, for the referring court, which has direct knowledge of the detailed procedural rules in the national legal system, to determine whether the principle of equivalence is observed in the case before it, examining the actions concerned in the light of the subject matter, cause of action and their essential elements.
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