Judgment_paragraph 72 · Hüls AG v Commission of the European Communities (T-9/89)

72It contends that it is for the Commission to prove that the Decision would have not been different if that procedural irregularity had not been committed. According to the case-law of the Court of Justice (judgment in Case 45/69 Boehringer Mannheim GmbH v Commission [1970] ECR 769, paragraph 17, and judgment in Case 51/69 Farbenfabriken Bayer AG v Commission [1972] ECR 745, paragraph 17), a decision based on such draft minutes is void.

Hüls AG v Commission of the European Communities (T-9/89)

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