24In the present case, the Commission sent its reasoned opinion to the Kingdom of Belgium on 30 September 2016, so that the 2‑month period set therein expired on 30 November 2016. It is, however, common ground that that time limit, which was extended by the Commission at the request of the Belgian authorities, ultimately expired on 28 February 2017. The assessment as to whether or not there has been a failure to fulfil obligations as claimed must therefore relate to the state of the domestic legislation in force on that date (see, by analogy, judgment of 9 December 2004, Commission v France, C‑177/03, EU:C:2004:784, paragraph 25).
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