50In that regard, it must be pointed out that, according to established case-law, it is for the Commission to prove the alleged failure to fulfil obligations. It is the Commission which must provide the Court with the information necessary for it to determine whether the infringement is made out, and the Commission may not rely on any presumption for that purpose (judgment of 20 May 2010, Commission v Spain, C‑308/08, EU:C:2010:281, paragraph 23 and the case-law cited).
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