38Accordingly, it is for the referring court to ascertain, in the first place, whether the refusal to grant the applicant the prior authorisation provided for in Article 20(1) of Regulation No 883/2004 establishes a difference in treatment based on religion. If that is the case, its task is then to examine, in the second place, whether that difference in treatment is based on an objective and reasonable criterion. However, the Court, giving a preliminary ruling on a reference, has jurisdiction, in the light of the information in the file, to give clarifications to guide the referring court in giving judgment in the main proceedings (judgment of 2 December 2009, Aventis Pasteur, C‑358/08, EU:C:2009:744, paragraph 50).
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