57As regards, in the second place, the duration of the infringement, It should be recalled that this must be assessed by reference to the time when the Court assesses the facts, not the time when the case is brought before it by the Commission (judgment in Commission v Portugal, C‑70/06, EU:C:2008:3, paragraph 45 and case-law cited). In the present case, the duration of the infringement — more than nine years from the date of delivery of the judgment in Commission v Greece (EU:C:2005:592) — is considerable.
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