37As a preliminary point, it should be recalled that the Commission has standing to seek a declaration that a Member State has failed to fulfil obligations which were created in the initial version of a European Union measure, subsequently amended or repealed, and which were maintained in force under the new provisions (Case C-275/04 Commission v Belgium [2006] ECR I-9883, paragraph 35; judgment of 11 December 2008 in Case C‑174/07 Commission v Italy, paragraph 31; and Case C-492/08 Commission v France [2010] ECR I-5471, paragraph 31).
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