Judgment_paragraph 47 · Vlaams Fonds voor de Sociale Integratie van Personen met een Handicap v Commission of the European Communities (T-102/00)

47The applicant points out that the principle of respect for the rights of the defence 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 has been taken as the basis for such a decision (Case T-450/93 Lisrestal and Others v Commission [1994] LCR II-1177, paragraph 42). In this case, according to the applicant, the Commission infringed that principle on two counts. On the one hand, it adopted the contested decision without first placing the applicant in a position to submit its comments on the second check report, and, on the other, it did not take account of the detailed D & T report on the first check, the conclusions of which were favourable to the applicant.