38Respect for this right is a fundamental principle of the Community legal order which must be maintained in all proceedings, including those of Community transit, which are commenced against a person and which are likely to lead to a measure adversely affecting that person (see, to that effect, C-32/95 P Commission v Lisrestal and Others [1996] ECR I-5373, paragraphs 21 and 30; Case C-462/98 P Mediocurso v Commission [2000] ECR I-7183, paragraph 36; and Case C-287/02 Spain v Commission [2005] ECR I-5093, paragraph 37).
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