13As a preliminary point, from the outset the Italian Government's argument that the Italian Republic has committed no infringement of Community law since its legislation complies with that law and the failure to fulfil obligations in the present case is the result of a mere practice adopted by the competent authorities or of delay on their part in adopting the measures necessary to recognise experience acquired by Community nationals in teaching outside Italy must be rejected. A failure to fulfil obligations may arise due to the existence of an administrative practice which infringes Community law, even if the applicable national legislation itself complies with that law (see to that effect, inter alia, Case C-212/99 Commission v Italy [2001] ECR I-4923, paragraph 31).
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