Judgment_paragraph 58 · Dalmine SpA v Commission of the European Communities (C-407/04 P)

58As regards whether the Commission ought to have informed Dalmine earlier, and indeed even before the notification of the statement of objections, of the fact that it was in possession of the minutes in issue, it must be borne in mind that it is precisely the notification of the statement of objections, on the one hand, and access to the file enabling the addressee of the statement of objections to peruse the evidence in the Commissions file, on the other, that ensure the rights of the defence and the right to a fair legal process, which the appellant invokes in the context of the present plea.