79In that regard, it is for the referring court, which alone has jurisdiction to rule on the facts, to determine whether the acts which are the subject of the Croatian indictment are the same as those in respect of which final judgment has been passed in Austria. That being so, the Court may provide that court with elements of interpretation of EU law in the context of the assessment of the identity of those acts (see, by analogy, judgment of 23 March 2023, Generalstaatsanwaltschaft Bamberg (Reservation in relation to the principle ne bis in idem), C‑365/21, EU:C:2023:236, paragraph 39 and the case-law cited).
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