60It should be noted in this connection that, even if — in order to ensure full compliance with the Court’s judgment — the penalty payment should be payable in its entirety until such time as the Member State has taken all the measures necessary to bring to an end the failure to fulfil obligations established, nevertheless, in certain specific cases, a penalty which takes account of the progress that the Member State may have made in complying with its obligations may be envisaged (see, to that effect, judgments in Commission v Spain, EU:C:2003:635, paragraphs 43 to 51; in Commission v Italy, EU:C:2011:740, paragraphs 47 to 55; and in Commission v Belgium, EU:C:2013:659, paragraphs 73 and 74).
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