35Lastly, in response to Hungary’s argument that compliance with a judgment establishing the alleged infringement could create a situation incompatible with the Fundamental Law, it must be observed that the Court has consistently held that a Member State cannot plead provisions prevailing in its domestic legal system, even its constitutional system, to justify failure to observe obligations arising under EU law (see, inter alia, Case 102/79 Commission v Belgium EU:C:1980:120, paragraph 15, and Case C‑70/06 Commission v Portugal EU:C:2008:3, paragraphs 21 and 22).
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