60According to the Court’s case-law, the imposition of a penalty payment is, in principle, justified only in so far as the failure continues for which that penalty was imposed up to the time of the Court’s examination of the facts (see, to that effect, judgments of 12 July 2005, Commission v France, C‑304/02, EU:C:2005:444, paragraph 31; of 18 July 2006, Commission v Italy, C‑119/04, EU:C:2006:489, paragraph 33; and of 7 September 2016, Commission v Greece, C‑584/14, EU:C:2016:636, paragraph 70).
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