40It is also clear from the case-law of the Court that the procedure provided for in Article 258 TFEU presupposes an objective finding that a Member State has failed to fulfil its obligations under the FEU Treaty or secondary legislation and also makes it possible to establish an infringement of EU law in a given case (judgment of 22 February 2018, Commission v Poland, C‑336/16, EU:C:2018:94, paragraphs 61 and 62 and the case-law cited).
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