17Similarly, according to the settled case-law of the Court, in order for a letter of formal notice to be issued, in accordance with the first paragraph of Article 258, a prior failure by the Member State concerned to fulfil an obligation owed by it must be capable of being legitimately alleged by the Commission (see, to that effect, inter alia, judgments of 15 February 2001, Commission v France, C‑230/99, EU:C:2001:100, paragraph 32, and of 27 October 2005, Commission v Luxembourg, C‑23/05, EU:C:2005:660, paragraph 7).
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