191With more particular regard to the alleged breach of the right to a fair hearing, the applicants stress that they were not told why the sanctions were imposed on them, that the evidence and facts relied on against them were not communicated to them and that they had no opportunity to explain themselves (Case 17/74 Transocean Marine Paint v Commission [1974] ECR 1063; Joined Cases 100/80 to 103/80 Musique Diffusion française and Others v Commission [1983] ECR 1825, paragraph 14; Case 40/85 Belgium v Commission [1986] ECR 2321, and Case C-49/88 Al-Jubail Fertilizer and Another v Council [1991] ECR I-3187). The only reason for their names being entered in the list in Annex I to the contested regulation is the fact that they were entered in the list drawn up by the Sanctions Committee on the basis of information provided by the States and international or regional organisations. Neither the Council nor the Commission examined the reasons for which that committee included the applicants in that list. The source of the information received by that committee is especially obscure and the reasons why certain individuals have been included in the list, without first being heard, are not mentioned. The entire procedure leading to the addition of the applicants to the list in Annex I to the contested regulation is thus stamped with the seal of secrecy. Such infringements of their rights cannot be remedied after the event (Case C-51/92 P Hercules Chemicals v Commission [1999] ECR I-4235).
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