78That said, the fact remains that, according to settled case-law relating to the burden of proof in proceedings under Article 258 TFEU for failure to fulfil obligations, it is for the Commission to prove the existence of the infringement alleged. It is the Commission that must provide the Court with the information necessary for it to determine whether the infringement is made out, and the Commission may not rely on any presumption for that purpose (see, in particular, judgments of 27 April 2006, Commission v Germany, C‑441/02, EU:C:2006:253, paragraph 48, and of 2 May 2019, Commission v Croatia (Biljane Donje landfill site), C‑250/18, not published, EU:C:2019:343, paragraph 33).
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