95As the Advocate General observed in points 60 to 62 of his Opinion, an infringement by the Commission of the principle of impartiality and of the presumption of innocence in the context of the ‘hybrid’ procedure at issue in the present case constitutes a sufficiently serious infringement capable of vitiating the entire procedure that led to the adoption of the decision at issue. Such an irregularity, the effect of which is to disregard the fundamental rights of the undertakings concerned in the context of that procedure, cannot be compared to the type of errors the gravity of which is liable to have little influence on the final decision, such as the error at issue in the case that gave rise to the judgment in Suiker Unie, which, moreover, did not relate to a ‘hybrid’ procedure.
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