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CMS achieves victory for Ballast Nedam at the Court of Justice

28/03/2014

Robert Bosman and Edmon Oude Elferink achieved an important victory for Ballast Nedam at the Court of Justice of the European Union. The fine of 4.65 million euro that the European Commission imposed on Ballast Nedam in 2006 for its involvement in the so-called Dutch bitumen cartel has been reduced to 3.45 euro on appeal. The reason for the reduction is that the European Commission infringed Ballast Nedam's rights of defence during the administrative procedure. By not drawing this conclusion in first instance, the General Court of the European Union erred in law. Since the Court of Justice rarely annuls judgments of the General Court in cartel cases, this is an exceptional achievement for Ballast Nedam.

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