Judgment_paragraph 15 · Commission of the European Communities v Kingdom of the Netherlands (C-408/97)

15According to the case-law of the Court, in proceedings under Article 169 of the Treaty for failure to fulfil obligations it is incumbent upon the Commission to prove the allegation that the obligation has not been fulfilled. It is the Commission's responsibility to place before the Court the information needed to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumption (Case 96/81 Commission v Netherlands, cited above, paragraph 6).

Commission of the European Communities v Kingdom of the Netherlands (C-408/97)

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