The obligation to have recourse to a third party for the purposes of representation before the Community courts does not in any way restrict the means at the disposal of the party in question for pursuing his case and does not therefore adversely affect his rights in that regard.

There were also occasions where the accused had to raise a defence (such as self defence, insanity or alibi) before the prosecution was required to disprove it.

65. In support of his claims for annulment, the applicant raises eight pleas, alleging, first, breach of the Rules Governing the Payment of Expenses and Allowances, secondly, infringement of the ‘principle of objectivity and impartiality’, thirdly, infringement of the principle that both parties must be heard and of the rights of the defence, fourthly, breach of the rules on the notification of decisions, fifthly, infringement of the obligation to state reasons, sixthly, infringement of the principle of equality and non-discrimination, seventhly, misuse of powers and eighthly, errors in the assessment of the supporting documents submitte ...[+++]d to the Secretary-General.

It should be for the undertaking or association of undertakings invoking the benefit of a defence against a finding of an infringement to demonstrate to the required legal standard that the conditions for applying such defence are satisfied.

It should be for the undertaking or association of undertakings invoking the benefit of a defence against a finding of an infringement to demonstrate to the required legal standard that the conditions for applying such defence are satisfied.

If in the course of the procedure one of the parties puts forward a new plea in law which is so based, the President may, even after the expiry of the normal procedural time-limits, acting on a report of the Judge-Rapporteur and after hearing the Advocate-General, allow the other party time to answer on that plea.