83It should be recalled in this respect that, in proceedings for failure to fulfil obligations under Article 258 TFEU, it is for the Commission to establish the existence of the alleged failure to fulfil obligations and thus to prove that a Member State has failed to fulfil an obligation under a provision of EU law, without being able to rely on any presumption (see, inter alia, judgment of 5 September 2019, Commission v Italy (Bacteria Xylella fastidiosa), C‑443/18, EU:C:2019:676, paragraph 78 and the case-law cited).
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