41It must be recalled, in that regard, as is apparent from settled case‑law, that the question whether there has been a failure to fulfil obligations must be examined on the basis of the position in which the Member State at issue found itself at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes (see, inter alia, judgment in Case C-209/02 Commission v Austria [2004] ECR I-1211, paragraph 16, and judgment of 19 July 2012 in Case C‑565/10 Commission v Italy, paragraph 22).
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