77In addition, it should also be recalled that the Commission, as it argues in support of the present complaint, may ask the Court to find that, by not having achieved the result intended by an act of EU law, a Member State has failed to fulfil its obligations (see, to that effect, in particular, judgment of 27 April 2006, Commission v Germany, C‑441/02, EU:C:2006:253, paragraph 45 and the case-law cited).
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