Judgment_paragraph 18 · Australian Gold LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-611/13)

18It is indeed apparent from the case-law concerning the second sentence of Article 75 of Regulation No 207/2009 that non-compliance with that provision, whose purpose is to protect the rights of the defence, by providing that decisions of OHIM ‘shall be based only on reasons or evidence on which the parties concerned have had an opportunity to present their comments’, can vitiate the administrative procedure only if it is shown that the latter could have had a different outcome if it had been observed (see judgment of 12 May 2009 in Jurado Hermanos v OHIM (JURADO), T‑410/07, ECR, EU:T:2009:153, paragraph 32 and cited case-law).