Judgment_paragraph 35 · Dalmine SpA v Commission of the European Communities (C-407/04 P)

35In the present case, as the Advocate General observed at point 29 of his Opinion, it follows from the operative part of the decision of 6 October 1997 that Dalmine was not compelled to answer part (d) of the first question, cited at paragraph 31 of this judgment. In those circumstances, as the Court of First Instance found at paragraphs 45 and 46 of the judgment under appeal, Dalmine cannot effectively rely on its right not to be compelled by the Commission to admit having participated in an infringement.