41Moreover, it should be recalled that the Commission’s function is to ensure, of its own motion and in the general interest, that the Member States give effect to EU law and to obtain a declaration of any failure to fulfil the obligations deriving therefrom with a view to bringing them to an end (see Case C-333/99 Commission v France [2001] ECR I-1025, paragraph 23; Case C-394/02 Commission v Greece [2005] ECR I-4713, paragraph 15). In this case, the Commission rightly confines itself to asking the Court to declare the existence of the alleged failure and request the Portuguese Republic to bring it to an end, without requiring it, contrary to what that Member State argues, to adopt a particular conduct in order to re-establish the equality of treatment allegedly infringed.
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