143It should be noted 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 14 January 2021, Commission v Italy (Contribution towards the purchase of motor fuel), C‑63/19, EU:C:2021:18, paragraph 74 and the case-law cited).
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