45It must be noted that, where a decision can be adopted only if the right to be heard has been respected, the person concerned must be given the opportunity to make known his views on the proposed measure effectively, in the context of an oral or written exchange initiated by the AECC, proof of which must be adduced by the latter (see, to that effect, judgments of 6 December 2007, Marcuccio v Commission, C‑59/06 P, EU:C:2007:756, paragraph 47, and of 3 June 2015, BP v FRA, T‑658/13 P, EU:T:2015:356, paragraphs 54 and 56). The Commission is therefore wrong to assert, in the rejoinder, that the applicant bears the burden of proof as regards the question of whether he was heard before the contested decision was adopted.
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