29In the first place, inasmuch as the referring court raises the issue whether the dispatch of a message, such as that at issue in the main proceedings, may constitute sufficient evidence to establish that the operators which used the system were aware, or ought to have been aware, of the content of that message, it must be noted that, in accordance with Article 2 of Regulation No 1/2003, in any national proceedings for the application of Article 101 TFEU, the burden of proving an infringement of Article 101(1) TFEU is to rest on the party or the authority alleging the infringement.
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