74In that regard, it should be noted at the outset that, according to settled case-law relating to the burden of proof in proceedings for failure to fulfil an obligation under Article 258 TFEU, it is for the Commission to determine whether the obligation has not been fulfilled. 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 (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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