53In 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, inter alia, Commission v Ireland, paragraph 39, and judgment of 22 September 2011 in Case C-90/10Commission v Spain, paragraph 25).