113Thirdly, Vialto’s right to be heard should also have been respected by that DG in the context of its recommendation to suspend the performance of the contract at issue or the part of the contract performed by Vialto, which it annexed to its request. Indeed, according to Vialto, it is apparent from the case-law of the Court, in particular its judgment of 4 April 2019, OZ v EIB (C‑558/17 P, EU:C:2019:289), that the right to be heard should also be respected where an EU institution makes non-binding recommendations.
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