32Last, according to the Court’s settled case-law, in proceedings for a declaration of failure to fulfil obligations, it is for the Commission to prove the existence of the alleged infringement and to provide the Court with the information necessary for it to determine whether the infringement is made out, and the Commission may not rely on any presumption for that purpose (the judgment in Commission v Cyprus, C‑340/10, EU:C:2012:143, paragraph 53 and case-law cited).
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