41It is settled case-law that, in the context of proceedings under Article 226 EC, the existence of a failure to fulfil obligations must be assessed in the light of the European Union legislation in force at the close of the period prescribed by the Commission for the Member State concerned to comply with its reasoned opinion (see, in particular, Case C-61/94 Commission v Germany [1996] ECR I-3989, paragraph 42; Case C-377/03 Commission v Belgium [2006] ECR I-9733, paragraph 33, and Case C-416/07 Commission v Greece [2009] ECR I-7883, paragraph 27). It is clear that Directive 2005/36 repealed Directive 89/48 from 20 October 2007, in other words after the expiry of the period prescribed in the reasoned opinion.
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