87According to the settled case-law of the Court, the imposition of a penalty payment is, in principle, justified only in so far as the failure to comply with an earlier judgment of the Court continues up to the time of the Court’s examination of the facts (judgment of 12 March 2020, Commission v Italy (Unlawful aid granted to the hotel industry in Sardinia), C‑576/18, not published, EU:C:2020:202, paragraph 137 and the case-law cited).
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