39Furthermore, whilst it may well be in the interests of the proper administration of justice for a question not to be referred for a preliminary ruling until after both parties have been heard, the fact that they have been heard beforehand is not among the conditions required to set in motion the procedure under Article 267 TFEU (judgment of 1 February 2017, Tolley, C‑430/15, EU:C:2017:74, paragraph 32 and the case-law cited). It is for the national court alone to assess whether it is necessary for both parties to be heard beforehand (judgment of 28 June 1978, Simmenthal, 70/77, EU:C:1978:139, paragraph 11).
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