89Notwithstanding that finding in relation to Rule 224 of the Parliament’s Rules of Procedure in force at the time, it is necessary to examine whether, in the circumstances of the case, the applicant may validly rely on a right to be heard derived directly from Article 41(2) of the Charter. It is clear from the case-law that respect for the rights of the defence is a fundamental principle of EU law which must be guaranteed even in the absence of any rules or where the applicable legislation does not expressly provide for such a procedural requirement (see, to that effect, judgments of 22 November 2012, M., C‑277/11, EU:C:2012:744, paragraph 86, and of 9 July 1999, New Europe Consulting and Brown v Commission, T‑231/97, EU:T:1999:146, paragraph 42).
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