52However, according to the Court’s case-law, the Commission has standing to seek a declaration that a Member State has failed to fulfil obligations which were created in the original version of an EU measure, subsequently amended or repealed, and which were maintained in force under the provisions of a new EU measure. Conversely, the subject matter of the dispute cannot be extended to obligations arising under new provisions which do not correspond to those arising under the original version of the measure concerned, for otherwise it would constitute a breach of the essential procedural requirements of infringement proceedings (judgments of 24 May 2011, Commission v Portugal, C‑52/08, EU:C:2011:337, paragraph 42, and of 10 September 2015, Commission v Poland, C‑36/14, not published, EU:C:2015:570, paragraph 24).
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