Judgment_paragraph 42 · New Europe Consulting and Michael P. Brown v Commission of the European Communities (T-231/97)

42Finally, even if the legislation applicable does not give tenderers the right to be heard by the Commission before it takes steps to ensure that the resources for PHARE projects are economically managed, it is settled case-law that respect for the rights of the defence in any proceeding initiated against a person and liable to culminate in a measure adversely affecting that person is a fundamental principle of Community law which must be guaranteed, even in the absence of any specific rules concerning the proceeding in question. That principle requires that any person who may be adversely affected by the adoption of a decision should be placed in a position in which he may effectively make known his views on the evidence against him which the Commission has taken as the basis for its decision (see, inter alia, Case T-450/93 Lisrestal and Others v Commission [1994] ECR II-1177, paragraph 42, confirmed by Case C-32/95 P Commission v Lisrestal and Others [1996] ECR I-5373, paragraph 21).

New Europe Consulting and Michael P. Brown v Commission of the European Communities (T-231/97)

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