40With regard to the amendments to the disputed legislation proposed by the defendant Member State, which consist, essentially, in retaining a reduced inspection and which in any event are insufficient to bring an end to the alleged infringement, the Commission refers to the settled case-law of the Court, according to which account cannot be taken of measures adopted by the Member State concerned in order to comply with its obligations after an action has been brought for failure to fulfil those obligations (Case C-71/97 Commission v Spain [1998] ECR I-5991, paragraph 18, and Case C-276/98 Commission v Portugal [2001] ECR I-1699, paragraph 20).
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