Judgment_paragraph 34 · Criminal proceedings against GR and Others (C-726/21)

34Furthermore, the Court must take into account, under the division of jurisdiction between the Courts of the European Union and the national courts, the factual and legislative context as set out in the order for reference of the questions referred for a preliminary ruling. Therefore, irrespective of the criticisms made by the Austrian Government of the findings of fact made by the referring court, the question referred must be examined on the basis of those findings (see, by analogy, judgment of 7 April 2022, Caixabank, C‑385/20, EU:C:2022:278, paragraph 38 and the case-law cited).