128In such a case, the infringement committed is not remedied by the mere fact that access to the file was made possible during the judicial proceedings relating to an action by which annulment of the contested decision is sought. Where access has been granted at that stage, the undertaking concerned does not have to show that, if it had had access to the non-disclosed documents, the Commission decision would have been different in content, but only that those documents could have been useful for its defence (see, to that effect, Hercules Chemicals, paragraphs 78, 80 and 81, and Limburgse Vinyl Maatschappij and Others, paragraph 318).