Judgment_paragraph 77 · VOF Josanne and Others v Commission of the European Communities (T-82/01)

77With regard to the merits of the plea of nonobservance of the audi alteram partem rule, it should be borne in mind that, according to settled case-law, observance of the rights of defence in any procedure 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 rules governing the procedure in question. That principle requires that any person who may be adversely affected by a decision be placed in a position in which he may effectively make his views known, at least as regards the evidence on which the Commission has based its decision (see the judgment in Joined Cases T-186/97, T-187/97, T-190/97 to T-192/97, T-210/97, T-211/97, T-216/97 to T-218/97, T-279/97, T-280/97, T-293/97 and T-147/99 Kaufring and Others v Commission [2001] ECRII-1337, paragraphs 151 and 153, and the cases cited therein).