107Thus, a Member State’s failure to fulfil obligations may, in principle, be established under Article 258 TFEU whatever the agency of that State whose action or inaction is the cause of the failure to fulfil its obligations, even in the case of a constitutionally independent institution (judgments of 9 December 2003, Commission v Italy, C‑129/00, EU:C:2003:656, paragraph 29, and of 12 November 2009, Commission v Spain, C‑154/08, not published, EU:C:2009:695, paragraph 125).
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