36With regard to the reference in the management plans for intracommunal river basins to the national decree of 2008, relied upon to show that that decree is fully applicable to those basins, having regard to the foregoing, the Kingdom of Spain has failed to demonstrate that the Autonomous Communities have acted pursuant to a legal obligation when they referred to the national decree of 2008 in the management plans for those basins. If the reference reflects merely an administrative practice, which by its nature is alterable at will by the authorities and is not given appropriate publicity, it cannot be regarded as constituting the proper fulfilment of obligations under the Treaty (see, to that effect, Case C-490/09 Commission v Luxembourg [2011] ECR I-247, paragraph 47 and the case-law cited).
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