Judgment_paragraph 47 · Goldfish BV and Others v European Commission (T-54/14)

47EU law cannot, in consequence, 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, the infringement of an essential procedural requirement has consequences, irrespective of whether it caused harm to the person pleading it (see, to that effect, judgments of 6 April 2000, Commission v ICI, C‑286/95 P, EU:C:2000:188, paragraphs 42 and 52, and of 12 December 2012, Almamet v Commission, T‑410/09, not published, EU:T:2012:676, paragraph 39 and the case-law cited).