31While it is ultimately for the national court, which has sole jurisdiction to assess the facts, to determine, in the light of the considerations set out in paragraphs 29 and 30 above, whether an association of residential property owners such as the WEG Tevesstraße must be regarded as ‘independently’ carrying on an activity, such as the one at issue in the main proceedings consisting in the production and marketing of heat, the Court, which is called on to provide answers of use to the referring court, may provide guidance, based on the case file in the main proceedings and on the written and oral observations that have been submitted to it, in order to enable the national court to give judgment in the particular case pending before it.
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