45However, it is necessary to examine the consequences that must be derived from that error in law. According to settled case-law, a procedural irregularity will entail the annulment of a decision in whole or in part only if it is shown that in the absence of such irregularity the contested decision might have been substantively different (Joined Cases 209/78 to 215/78 and 218/78 Van Landewyck and Others v Commission [1980] ECR 3125, paragraph 47, and Case 150/84 Bernardi v Parliament [1986] ECR 1375, paragraph 28; Case T-62/98 Volkswagen v Commission [2000] ECR II-2707, paragraph 283, and Case T-279/02 Degussa v Commission [2006] ECR II-897, paragraph 416). Similarly, under Article 63(2) and (3) of Regulation No 40/94, decisions of the Boards of Appeal may be annulled or altered only where they contain a substantive or procedural irregularity (Case T-247/01 eCopy v OHIM (ECOPY) [2002] ECR II-5301, paragraph 46).
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