88In order to determine whether the failure to fulfil obligations of which the defendant stands criticised continued up until the Court’s examination of the facts, it is necessary to consider the measures which were adopted, according to the defendant Member State, after the period prescribed in the letter of formal notice (see, to that effect, judgments of 11 December 2012, Commission v Spain, C‑610/10, EU:C:2012:781, paragraph 98, and of 17 September 2015, Commission v Italy, C‑367/14, not published, EU:C:2015:611, paragraph 89).
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