Judgment_paragraph 95 · EURL Le Levant 001 and Others v Commission of the European Communities (T-34/02)

95If there had not been such a procedural failure, that is, if the applicants or EURL Le Levant 114 had actually had an opportunity during the formal investigation procedure to submit their comments on having been named as beneficiaries of the aid to be recovered, the possibility cannot be excluded that the procedure might have led to a different result, in particular with respect to the assessment of the incompatibility of the aid with the common market in accordance with the criteria laid down in Article 87(1) EC.