120In that regard, contrary to what is claimed by the Commission, the possibility for a Member State to plead a breach of the principle of proportionality before the EU Courts does not require the Member State to submit that complaint beforehand to the Commission during the administrative procedure preceding the adoption of an implementing act suspending monthly payments. EU law contains no rule to the effect that, if a Member State does not raise issues of law in the course of the administrative procedure before the Commission, its right to raise those issues will lapse (see, by analogy, Opinion of Advocate-General Mengozzi in Archer Daniels Midland v Commission, C‑511/06 P, EU:C:2008:604, point 123). As is apparent from Article 41(3) of Regulation No 1306/2013, it is for the Commission to comply with the principle of proportionality and it is for the EU Courts to review such compliance if requested to do so, as in the present case. The Commission is required to adopt a final decision in conformity with law, regardless of whether the person to whom that decision is addressed has actually exercised his rights of defence in the administrative procedure or the extent to which he has done so (see, to that effect, Opinion of Advocate-General Mengozzi in Archer Daniels Midland v Commission, C‑511/06 P, EU:C:2008:604, point 123).