45It is equally settled case-law of the Court that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion (see Commission v Spain, C‑168/03, EU:C:2004:525, paragraph 24; Commission v Germany, C‑152/05, EU:C:2008:17, paragraph 15; and Commission v Luxembourg, C‑282/08, EU:C:2009:55, paragraph 10). The Court cannot take account of any subsequent changes (see, inter alia, Commission v Ireland, C‑482/03, EU:C:2004:733, paragraph 11, and Commission v Sweden, C‑185/09, EU:C:2010:59, paragraph 9).
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