36Thus, the conformity of the national legislation at issue in the main proceedings with EU law is subject to compliance with the principle of equal treatment, which is for the referring court to ascertain. The Court may, nonetheless, provide it with guidance to assist it in resolving the dispute before it (see, by analogy, judgment of 21 November 2018, Fontana, C‑648/16, EU:C:2018:932, paragraphs 37 and 38).
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