47As regards the argument put forward by the Republic of Poland, as set out in paragraph 37 of the present judgment, it follows from settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined on the basis of the position in which the Member State found itself on the expiry of the deadline laid down in the reasoned opinion, and that any subsequent changes cannot be taken into account (see, inter alia, judgment of 27 November 1990, Commission v Greece, C‑200/88, EU:C:1990:422, paragraph 13).
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