57It follows from the order for reference that the dispute in the main proceedings is based on the same substantial legal relationship as that giving rise to the judgment of the Consiglio di Stato (Council of State) No 7506 of 1 December 2009 but differs from the case giving rise to that judgment in that it concerns a demand for payment that is merely ancillary by comparison with that to which that case related. In any event, it is for the referring court to ascertain whether, according to national law, the force of res judicata attaching to that judgment covers the present case or elements of it and, if required, to examine the consequences laid down by that law.
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