Judgment_paragraph 33 · Hans-Peter Wilfer v European Union Intellectual Property Office (T-315/03)

33However, a procedural irregularity will entail the annulment of a decision in whole or in part only if it is shown that had it not been for the irregularity the contested decision might have been substantively different (see, by analogy, Joined Cases 209/78 to 215/78 and 218/78 Van Landewyck and Others v Commission [1980] ECR 3125, paragraph 47, and Case C-142/87 Belgium v Commission [1990] ECR I-959, paragraph 48; see also Case C-447/02 P KWS Saat v OHIM [2004] ECR I-10107, paragraphs 47 to 50). It should be noted that the additional written statement lodged by the applicant with the Board of Appeal did not contain any new arguments or new evidence that was likely to affect the substance of the contested decision.

Hans-Peter Wilfer v European Union Intellectual Property Office (T-315/03)

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