34In that regard, it should be pointed out that, according to the principle that the rights of the defence must be observed, an official must have the opportunity to comment on every document which the institution intends to use against him (see, in particular, Vidrányi, paragraph 20). Where an official is not given such an opportunity the undisclosed documents must not be taken into consideration as evidence. However, the exclusion of certain documents used by the Commission is of no significance except to the extent to which the Commission's objection can be proved only by reference to those documents (Case 107/82 AEG v Commission [1983] ECR 3151, paragraphs 24 to 30).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.