53In 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 (judgment of 20 January 2022, Commission v Greece (Recovery of State aid – Ferronickel), C‑51/20, EU:C:2022:36, paragraph 88 and the case-law cited).