55In that regard, it is important to recall that 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 5 May 1970, Commission v Belgium, 77/69, EU:C:1970:34, paragraph 15; of 12 March 2009, Commission v Portugal, C‑458/07, not published, EU:C:2009:147, paragraph 20; and of 4 October 2018, Commission v France (Advance payment), C‑416/17, EU:C:2018:811, paragraph 107).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.