73However, since the EEAS adopted that decision on the basis of the preliminary analysis and of the IDOC’s recommendations, it should have ensured that Mr De Loecker’s right to be heard was respected by giving him the opportunity to submit his observations and provide any additional information in the context of the investigation conducted by the IDOC. Hearing Mr De Loecker could, if appropriate, have led the IDOC to draw a different conclusion, which may have resulted in the opening of an administrative investigation.
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