85It is ultimately for the national court, which has sole jurisdiction to assess the facts of the dispute in the main proceedings, to determine whether a measure satisfies that condition. However, in order to provide an answer of use to the referring court, the Court may provide guidance based on the documents relating to the main proceedings and on the written observations before it, in order to enable that court to give judgment (judgment of 19 January 2023, CNAE and Others, C‑292/21, EU:C:2023:32, paragraph 63 and the case-law cited).
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