26According to settled case-law, in an action under Article 226 EC, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing at the end of the period laid down in the reasoned opinion (see Case C-476/98 Commission v Germany [2002] ECR I-9855, paragraph 42). In the present case, it is clear from the case-file that at the time of the expiry of the two-month period laid down in the reasoned opinion, there was a prohibition in Italy on the marketing of energy drinks, lawfully produced and marketed in other Member States, whose caffeine content was in excess of a certain limit.
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