24The documents annexed to the application which had not been analysed by the Board of Appeal, namely the results of a survey carried out by interview in 1997 in Germany concerning the shape of the ‘Werther's Echte’ sweet, adduced for the first time before the Court, cannot be taken into account given that the purpose of actions before the Court is to review the legality of decisions of the Boards of Appeal of OHIM within the meaning of Article 63 of Regulation No 40/94. In those circumstances, since the function of the Court is not to reexamine the facts in the light of documents submitted for the first time before it, those documents must be excluded from consideration, without there being any need to examine their probative value (Case T-10/03 Koubi v OHIM — Flabesa (CONFORFLEX) [2004] ECR II-719, paragraph 52, and Case T-399/02 Eurocermex v OHIM (Shape of a beetbottle) [2004] ECR II-1391, paragraph 52, and the case-law cited).
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