22In the view of that Member State, that head of complaint cannot be inadmissible only in part since the relevant form of order sought in the application does not refer to any article of Directive 1999/37, unlike the position in the case which gave rise to the judgment in Case C-165/08 Commission v Poland [2009] ECR I-6843, paragraphs 45 to 48. Moreover, the fact that the Kingdom of Belgium understood the complaint as relating only to Article 4 of Directive 1999/37 and focussed its defence on that article cannot, it argues, release the Commission from its obligation to formulate precisely the form of order which it seeks and is not capable of rendering it admissible a posteriori.
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