Judgment_paragraph 165 · European Commission v Ireland (C-444/21)

165In that regard, it should be recalled that, without prejudice to the Commission’s obligation to satisfy in each and every case the burden of proof which it bears, in principle nothing prevents the Commission from seeking in parallel a finding that provisions of a directive have not been complied with by reason of the conduct of a Member State’s authorities with regard to particular specifically identified situations and a finding that those provisions have not been complied with because its authorities have adopted a general practice contrary thereto, which the particular situations illustrate where appropriate (judgment of 26 April 2005, Commission v Ireland, C‑494/01, EU:C:2005:250, paragraph 27).