Brussels, 28/03/2014 (Agence Europe) - In case C-612/12 P on Thursday 27 March, the European Court of Justice reduced Ballast Nedam and its subsidiary Ballast Nedam Grond en Wegen BV (BNGW)'s fine for price-fixing from June 1996 to October 2000 on the road pavement bitumen market in the Netherlands from €4.65 million to €3.45 million. In 2012, in case T-261/06, the European General Court dismissed Ballast Nedam NV's action for annulment. Ballast Nedam NV then brought an appeal before the Court of Justice, claiming that it had not been told by the Commission that it ran the risk of being held liable for BNGW's fine. The Court of Justice found that the Court of First Instance had erred in law in finding that Ballast Nedam NV's rights of the defence had not been infringed because “it is necessary for the Commission to indicate in the statement of objections in which capacity an undertaking is called upon to answer the allegations. Moreover, the ambiguity in the wording of the statement of objections is exacerbated by the fact that no statement of objections was sent to BNGW”. The Court of Justice therefore reduced the fine on Ballast Nedam to €3.45 million, holding only its 100% subsidiary, Ballast Nedam Infra BV (which wholly owns BNGW), liable for payment of the fine. (FG)