32It is clear that the infringement alleged against the Danish Government is of limited scope and has negligible practical consequences. However, as the Court has held (see Case C-209/89 Commission v Italy [1991] ECR I-1575, paragraphs 6 and 19; Case C-404/99 Commission v France [2001] ECR I-2667, paragraph 51), an action against a Member State for failure to fulfil its obligations is objective in nature and, consequently, where a Member State fails to fulfil its obligations under the Treaty or under secondary legislation, the infringement exists regardless of the frequency or the scale of the circumstances complained of.
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