Judgment_paragraph 41 · Nexans France SAS and Nexans SA v European Commission (T-135/09)

41As regards the safeguarding of the rights of the defence of the undertakings concerned, it must first be pointed out that those rights must be observed by the Commission both in administrative procedures which may lead to the imposition of penalties and in the course of preliminary investigation procedures, since it is important to prevent those rights from being irremediably impaired during preliminary investigation procedures including, in particular, inspections which may be decisive in providing evidence of the unlawful nature of conduct engaged in by undertakings for which they may be liable (Joined Cases 46/87 and 227/88 Hoechst v Commission [1989] ECR 2859, paragraph 15).

Nexans France SAS and Nexans SA v European Commission (T-135/09)

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