Judgment_paragraph 32 · MG v European Investment Bank (C-173/22 P)

32In that context, it should be borne in mind that the right to be heard implies that the person concerned must have been put in a position effectively to make known his or her views on the draft decision, in the context of an oral and/or written exchange initiated by that authority, evidence of which it must provide. In particular, the person concerned must have been expressly informed of a draft decision and invited to submit his or her comments. Only then, mindful of the consequences of the proposed decision, will he or she have been put in a position to influence the decision-making process at issue (see, to that effect, judgment of 6 December 2007, Marcuccio v Commission, C‑59/06 P, EU:C:2007:756, paragraphs 47 and 58).

MG v European Investment Bank (C-173/22 P)

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