Judgment_paragraph 113 · Gold East Paper (Jiangsu) Co. Ltd and Gold Huasheng Paper (Suzhou Industrial Park) Co. Ltd v Council of the European Union (T-443/11)

113It should be noted that, if it were proved, such an infringement of the rights of the defence would be such as to constitute a defect in the administrative procedure. However, according to settled case-law, a procedural defect can lead to the annulment in whole or in part of a decision only if it is shown that, but for that defect, the administrative procedure could have had a different outcome and that, consequently, the MET decision might have been substantively different (see, to that effect, Case T-345/03 Evropaïki Dynamiki v Commission [2008] ECR II-341, paragraph 147, and judgment of 12 March 2008 in Case T‑332/03 European Service Network v Commission, not published in the ECR, paragraph 130 and the case-law cited). The applicants have not put forward any evidence to show that the alleged defect would have had an effect on the decision in question.

Gold East Paper (Jiangsu) Co. Ltd and Gold Huasheng Paper (Suzhou Industrial Park) Co. Ltd v Council of the European Union (T-443/11)

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