Chapter I, Article 16 · Commission Decision (EU) 2025/2024

Contents

Article 16The right to be heard#

1.Persons or entities who are the subject of a request for a recommendation shall have the right to submit observations, unless exceptional circumstances exist in which there are compelling legitimate grounds to preserve the confidentiality of an investigation or national judicial proceedings that would require that right to be deferred until such legitimate grounds cease to exist, as provided for in the second sentence of Article 145(5) of Regulation (EU, Euratom) 2024/2509.

2.In adopting its recommendations, the Panel shall consider only facts and findings and preliminary classifications in law of conduct in respect of which the person or entity who is the subject of the request for a recommendation has been able to submit observations except in cases where the second sentence of Article 145(5) of Regulation (EU, Euratom) 2024/2509 applies.

3.Before adopting a recommendation, the chair, acting at the direction of the Panel in accordance with Article 17(1), shall send to the person or entity who is the subject of the request for a recommendation a letter disclosing the facts and findings considered by the Panel and the preliminary classification in law of the conduct (an ‘adversarial letter’), subject to the provisions of Article 145(5) of Regulation (EU, Euratom) 2024/2509. In principle, this letter shall be sent by email.

4.The addressee of an adversarial letter shall submit any observations on that adversarial letter, including any annexes or attachments to those observations, in writing in the form of electronic files that may be opened using commonly available office productivity software. The observations shall be submitted to the permanent secretariat at the email address given in the letter.

5.The length of observations, excluding annexes, shall not exceed the number of pages of the adversarial letter, excluding annexes, except in duly justified cases involving complex legal or factual issues.

6.As a general rule addressees of adversarial letters shall have fifteen working days to submit observations on the adversarial letter. This period shall start according to the rules set out in Article 146 of Regulation (EU, Euratom) 2024/2509.

7.Where the addressee of an adversarial letter presents a reasoned request for the time limit for submitting observations on the adversarial letter to be extended due to exceptional circumstances, the Panel may extend the time limit by no more than half of the period initially granted.

8.Where a person or entity who is the subject of a request for a recommendation has not submitted observations on the adversarial letter by the applicable deadline despite the notification of the adversarial letter in accordance with Article 146 of Regulation (EU, Euratom) 2024/2509, the Panel may infer that that person or entity does not contest the facts or preliminary classifications in law set out in that adversarial letter.