42However, it is also apparent from the Court’s case-law that in so far as the action seeks to raise a systematic and consistent failure to comply with the provisions of Article 13(1) of, in conjunction with Annex XI to, Directive 2008/50, the production of additional evidence intended, at the stage of proceedings before the Court, to support the proposition that the failure thus alleged is general and consistent cannot be ruled out in principle (see, to that effect, judgments of 26 April 2005, Commission v Ireland, C‑494/01, EU:C:2005:250, paragraph 37; of 22 December 2008, Commission v Spain, C‑189/07, not published, EU:C:2008:760, paragraph 29; and of 11 July 2013, Commission v Netherlands, C‑576/10, EU:C:2013:510, paragraph 29).
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