Eyckeler & Malt AG v Commission of the European Communities (T-42/96)

Judgment of 19 Feb 1998

law://eu/cjeu/1996/t-42-96/para_81@2026-11-15

81Furthermore, since the applicant alleges that the Commission committed serious breaches of its obligations to monitor the Hilton quota, the Court considers that in order for the right to be heard to be exercised effectively the Commission must provide access to all non-confidential official documents concerning the contested decision, if requested to do so. Indeed, documents which the Commission does not consider to be relevant may well be of interest to the applicant. If the Commission could unilaterally exclude from the administrative procedure documents which might be detrimental to it, that could constitute a serious breach of the rights of the defence of a person seeking remission of import duties (see, to the same effect, ICI v Commission, cited above, paragraph 93).

Eyckeler & Malt AG v Commission of the European Communities (T-42/96)

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