37In that regard, the operative part of the judgment, which describes the failure to fulfil obligations established by the Court, is of particular importance. In paragraph 1 of the operative part, the Court, departing in this respect from the Commission’s application, declared that ‘by maintaining in force Paragraph 4(1), as well as Paragraph 2(1) in conjunction with Paragraph 4(3), of the [VW Law], the Federal Republic of Germany has failed to fulfil its obligations under Article [63(1) TFEU]’.
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