77As regards, first, the failure of the Commission to make the expert report available to the applicant, the Court finds that that complaint is irrelevant for the purposes of establishing whether there has been an infringement of the obligation to state reasons. Even assuming it to be proved, such a failure does not constitute in any way an absence of reasons in the contested decision or mean that the reasoning stated in the contested decision is inadequate. At its highest, that complaint would allow the applicant to invoke a possible breach of its right of access to the file, which would not go to the statement of reasons but to respect for the rights of the defence. However, it must be stated, and the point is not disputed, that the applicant does not invoke such a breach of its rights of defence. Such a plea does not concern an infringement of essential procedural requirements and cannot be raised by the Court of its own motion (see Joined Cases T-67/00, T-68/00, T-71/00 and T-78/00 JFE Engineering and Others v Commission [2004] ECR II-2501, paragraph 425, and the case-law cited there).
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