47As has been noted in paragraph 42 above, the right to be heard, which is an integral part of the right of defence, guarantees every person the opportunity to make known his or her views effectively and usefully during a procedure (judgment of 26 October 2021, Openbaar Ministerie (Right to be heard by the executing judicial authority), C‑428/21 PPU and C‑429/21 PPU, EU:C:2021:876, paragraph 62). That right would be infringed if a judicial decision could be based on facts and documents of which the parties themselves, or one of them, have not been able to take cognisance and in relation to which they have not therefore been able to formulate an opinion (judgment of 17 November 2022, Harman International Industries, C‑175/21, EU:C:2022:895, paragraph 63).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.