Judgment_paragraph 26 · Commission of the European Communities v Kingdom of Spain (C-404/00)

26It is settled case-law that, in proceedings for failure to fulfil an obligation, it is incumbent upon the Commission to prove the allegation that the obligation has not been fulfilled. It is the Commission's responsibility to provide the Court with the evidence necessary to enable it to establish that the obligation has not been fulfilled and, in so doing, the Commission may not rely on any presumption (see Case 96/81 Commission v Netherlands [1982] ECR 1791, paragraph 6).