61Therefore, the Court considers that the imposition of a penalty payment on the Kingdom of Spain, sought by the Commission, is an appropriate financial means by which to ensure that that Member State puts a prompt end to the infringement established and complies with its obligations under Directive 2016/680. Conversely, since it cannot be ruled out that, on the date of delivery of the judgment in the present case, the directive is transposed in full, that penalty payment should be imposed only in so far as the infringement persists at the date of delivery of that judgment.
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