54In accordance with equally settled case-law, it is for the competent national authorities to show that their legislation complies with the criteria referred to in the preceding paragraph (see, to that effect, Case C-265/06 Commission v Portugal [2008] ECR I-2245, paragraph 39; Case C-297/05 Commission v Netherlands, paragraph 76; and Case C-286/07 Commission v Luxembourg, paragraph 37). Such justification can be specifically demonstrated only by reference to the circumstances of the case (Case C-14/02 ATRAL [2003] ECR I-4431, paragraph 67).
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