Transocean Marine Paint Association v Commission
Before an EU institution takes a decision that significantly affects a person's interests, it must give that person an opportunity to make known his views.
Facts
The Transocean Marine Paint Association, an association of paint manufacturers, had been granted an exemption from the EU competition rules for its agreements. When the exemption was renewed, the Commission attached a new condition requiring members to inform it of any links with other companies, without giving the association an opportunity to comment on the condition. The association sought the annulment of the condition.
Legal principle
The Court of Justice annulled the condition. It said that there is a general rule that a person whose interests are perceptibly affected by a decision taken by a public authority must be given the opportunity to make his point of view known. The Commission should have told the association of its intention to impose the condition and given it the chance to submit its observations. The right to be heard is a general principle of EU law, now reflected in article 41 of the Charter of Fundamental Rights.
Related cases on general principles and fundamental rights
- Association Belge des Consommateurs Test-Achats ASBL v Conseil des ministres Case C-236/09, [2011] ECR I-773
- Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2019] AC 777
- Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources Joined Cases C-293/12 and C-594/12, EU:C:2014:238
- Elliniki Radiophonia Tiléorassi AE (ERT) v Dimotiki Etairia Pliroforissis Case C-260/89, [1991] ECR I-2925
- Google Spain SL v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González Case C-131/12, EU:C:2014:317
- Hauer v Land Rheinland-Pfalz Case 44/79, [1979] ECR 3727
- Kadi and Al Barakaat International Foundation v Council and Commission Joined Cases C-402/05 P and C-415/05 P, [2008] ECR I-6351
- Nold v Commission Case 4/73, [1974] ECR 491
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