54As to the third plea of inadmissibility, it should be borne in mind that, in proceedings under Article 226 EC for failure to fulfil obligations, it is for the Commission, which is responsible for proving the existence of the alleged infringement, to provide the Court with the information necessary for it to determine whether that infringement is made out, and the Commission may not rely on any presumption for that purpose (see, in particular, Case C-434/01 Commission v United Kingdom [2003] ECR I-13239, paragraph 21, and Case C-342/05 Commission v Finland [2007] ECR I-4713, paragraph 23).
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