79In particular, a court not called upon to rule at last instance must remain free if it considers that a higher court’s legal ruling could lead it to give a judgment contrary to EU law, to refer to the Court questions which are of concern to it. Thus, a national court, which is called upon to give a ruling following the preliminary decision delivered by the Înalta Curte de Casație și Justiție (High Court of Cassation and Justice) under OUG No 62/2024, cannot be bound, in accordance with national procedural law, by legal rulings made by that higher court, if it considers, in the light of the interpretation given by the Court of Justice under Article 267 TFEU, that those rulings are not consistent with EU law (see, to that effect and by analogy, judgment of 5 October 2010, Elchinov, C‑173/09, EU:C:2010:581, paragraphs 27 and 32 and the case-law cited).