Keywords
Summary

Keywords

1. Appeals - Pleas in law - Admissibility - Points of law - Application by the Court of First Instance of the principles of the rights of the defence - Included

(EC Treaty, Art. 168a (now Art. 225 EC); EC Statute of the Court of Justice, Art. 51)

2. Social policy - European Social Fund - Financial assistance for vocational training - Decision reducing assistance initially granted - Rights of defence of the undertakings concerned - Scope

Summary

1. The question whether the Court of First Instance correctly applied the principles governing the rights of defence and in particular the right to be heard constitutes a question of law which it falls to the Court of Justice to examine on appeal.

( see para. 35 )

2. Respect for the rights of defence is, in all proceedings initiated against a person which are liable to culminate in a measure adversely affecting that person, a fundamental principle of Community law which must be guaranteed even in the absence of any rules governing the proceedings in question. That principle requires that the addressees of decisions which significantly affect their interests should be placed in a position in which they may effectively make known their views.

In the absence of an invitation to an appellant by or on behalf of the Commission to submit its observations after a reasonable period on the documents recording the actions for which it was criticised and on the basis of which the Commission adopted its decisions reducing financial assistance from the European Social Fund, it must be concluded that the appellant was not placed in a position effectively to make known its views on the accusations made against it.

( see paras 36, 43 )