46Moreover, there is nothing preventing a national court from asking the Court of Justice to rule on such a classification, although it is for the national court to make the findings of fact necessary for that classification in the light of all the material in the file in its possession (see judgment of 21 December 2023, BMW Bank and Others, C‑38/21, C‑47/21 and C‑232/21, EU:C:2023:1014, paragraph 128 and the case-law cited).
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