124It should be borne in mind that, in proceedings under Article 258 TFEU for failure to fulfil obligations, it is for the Commission, which is responsible for proving the existence of the alleged infringement, to provide the Court with the information necessary for it to determine whether that infringement is made out, and the Commission may not rely on any presumption for that purpose (judgment of 18 November 2010, Commission v Portugal, C‑458/08, EU:C:2010:692, paragraph 54 and the case-law cited).
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