44EU law cannot therefore accept evidence obtained in complete disregard of the procedure laid down for gathering it and designed to protect the fundamental rights of interested persons. The use of that procedure must, therefore, be regarded as an essential procedural requirement within the meaning of Article 263(2) TFEU. According to the case-law, infringement of an essential procedural requirement has consequences, regardless of whether that infringement resulted in harm to the person relying on it (see, to that effect, Case C-286/95 P Commission v ICI [2000] ECR I-2341, paragraphs 42 and 52, and Almamet v Commission, paragraph 42 above, paragraph 39).
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