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In the majority of cases the Court took into account that the referring court did have access to the necessary elements. Furthermore, in several of those rulings, the Court used the formulation ‘… even when/even though (490) it has available to it the matters of law and fact necessary to that end …’, indicating an a fortiori reasoning as opposed to a legal condition.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.