46Therefore, the Authority cannot maintain that, in so far as it satisfies those criteria, in particular the criterion relating to independence, it must necessarily be classified as a ‘court or tribunal’ within the meaning of Article 267 TFEU. Such an interpretation of that provision would disregard the case-law of the Court, referred to in paragraphs 42 to 44 above, from which it follows that a national body, even where its establishment by law, its permanent nature, the adversarial nature of the proceedings before it, its application of rules of law and its independence are not in doubt, can make a reference to the Court for a preliminary ruling only if, in the context of the case pending before it, it exercises functions of a judicial nature.
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