32In that regard, it is established case-law that, in proceedings for failure to fulfil obligations, it is for the Commission to prove the existence of the alleged infringement and to provide the Court with the information necessary for it to determine whether the infringement is made out, and the Commission may not rely on any presumption for that purpose (see, in particular, Case C-287/03 Commission v Belgium [2005] ECR I-3761, paragraph 27, and the judgment of 10 June 2010 in Case C-37/09 Commission v Portugal, not published in the ECR, paragraph 28).
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