21Secondly, the Grand Duchy of Luxembourg cannot rely on the failure of the Commission to take account of its reply to the reasoned opinion, or on the late transmission of that reply to the General Secretariat of the Commission, in order to justify the plea of inadmissibility which it puts forward against the action. The Court has already held that failure to take account of a reply to a reasoned opinion is not decisive. Thus, at paragraph 20 of its judgment in Commission v Netherlands (cited above), the Court held that, even assuming that the contentious procedure was opened by a Commission application which took no account of any new matters of fact or law put forward by the Member State concerned in its reply to the reasoned opinion, that State's right to a fair hearing had not been infringed.
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