43It must be borne in mind that the assessment of the validity of a measure which the Court is called upon to undertake on a reference for a preliminary ruling must normally be based on the situation which existed at the time that measure was adopted (judgments of 17 July 1997, SAM Schiffahrt and Stapf, C‑248/95 and C‑249/95, EU:C:1997:377, paragraph 46, and of 1 October 2009, Gaz de France – Berliner Investissement, C‑247/08, EU:C:2009:600, paragraph 49).
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