35Although the Court has indeed already held that those requirements for evidence are more strict where the Commission’s complaints relate to an action concerning the implementation of a national provision (Case C-287/03 Commission v Belgium [2005] ECR I-3761, paragraph 28, and judgment of 22 January 2009 in Case C-150/07 Commission v Portugal, paragraph 66), the fact remains none the less that, by the present action for failure to fulfil obligations, the Commission disputes the conformity with Article 56 TFEU not of an administrative practice but of legislative provisions the effective existence of which are not in any way disputed by the Kingdom of Belgium. It does not appear, therefore, that the present action rests on mere presumptions.
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