Judgment_paragraph 78 · Council of the European Union and Commission of the European Communities v Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT (Interpipe Niko Tube ZAT) and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT (Interpipe NTRP VAT) (C-191/09 P, C-200/09 P)

78In particular, according to the case-law of the Court of Justice, Niko Tube and NTRP cannot be required to show that the Commission’s decision would have been different in content but simply that such a possibility cannot be totally ruled out, since they would have been better able to defend themselves had there been no procedural error (see Foshan Shunde Yongjian Housewares & Hardware v Council, paragraph 94 and the case-law cited).