77Moreover, it is for the Member State concerned to demonstrate that these two cumulative conditions are met (see, to that effect, judgment of 10 February 2009, Commission v Italy, C‑110/05, EU:C:2009:66, paragraph 62 and the case-law cited). As regards, specifically, the condition that the provisions at issue must be justified by one of the reasons listed in Article 65 TFEU or by an overriding reason in the public interest, that Member State must prove, in a concrete manner and by reference to the circumstances of the case, that those provisions are justified (see, to that effect, judgments of 8 May 2003, ATRAL, C‑14/02, EU:C:2003:265, paragraphs 66 to 69, and of 16 July 2009, Commission v Poland, C‑165/08, EU:C:2009:473, paragraphs 53 and 57).
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