Organisation des Modjahedines du peuple d'Iran v Council of the European Union (T-228/02)

Judgment of 12 Dec 2006

law://eu/cjeu/2002/t-228-02/para_139@2026-11-14

139The statement of reasons must therefore in principle be notified to the person concerned at the same time as the act adversely affecting him. A failure to state the reasons cannot be remedied by the fact that the person concerned learns the reasons for the act during the proceedings before the Community Courts (Case 195/80 Michel v Parliament [1981] ECR 2861, paragraph 22, and Dansk Rørindustri and Others v Commission, paragraph 138 above, paragraph 463). The possibility of regularising the total absence of a statement of reasons after an action has been started might prejudice the right to a fair hearing because the applicant would have only the reply in which to set out his pleas contesting the reasons which he would not know until after he had lodged his application. The principle of equality of the parties before the Community Courts would accordingly be affected (Case T-132/03 Casini v Commission [2005] ECR-SC I-A-253 and II-1169, paragraph 33, and Napoli Buzzanca v Commission, paragraph 138 above, paragraph 62).

Organisation des Modjahedines du peuple d'Iran v Council of the European Union (T-228/02)

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