40In addition, it is apparent from the Court’s case-law that the question of whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion (judgments of 10 April 2003, Commission v Germany, C‑20/01 and C‑28/01, EU:C:2003:220, paragraph 32; of 6 October 2009, Commission v Spain, C‑562/07, EU:C:2009:614, paragraph 23; and of 1 December 2016, Commission v Luxembourg, C‑152/16, not published, EU:C:2016:919, paragraph 20).
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