44It is to be remembered, as a preliminary point, that, according to settled case-law, in proceedings for failure to fulfil obligations it is incumbent upon the Commission to prove the alleged failure. It is the Commission’s responsibility to place before the Court the information needed to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumption (see, inter alia, judgments in Commission v Netherlands, 96/81, EU:C:1982:192, paragraph 6; Commission v Spain, C‑404/00, EU:C:2003:373, paragraph 26; Commission v Italy, C‑135/06, EU:C:2007:250, paragraph 26; and Commission v Greece, C‑305/06, EU:C:2008:486, paragraph 41).
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