29The intervener annexed to its response of 31 October 2003 evidence which had not been submitted to the Board of Appeal, namely photographs taken on 4 and 6 October 2003, advertisements and a list of goods with the bebe mark. Those documents, produced for the first time before the Court, cannot for that reason be taken into consideration. The purpose of actions before the Court of First Instance is to review the legality of decisions of the Boards of Appeal of OHIM for the purposes of Article 63 of Regulation No 40/94, so it is not the Court's function to review the facts in the light of documents produced for the first time before it. Accordingly, the abovementioned documents must be excluded, without it being necessary to assess their probative value (Case T-10/03 Koubi v OHIM — Flabesa (CONFORFLEX) [2004] ECR I-719, paragraph 52; Case T-399/02 Eurocermex v OHIM (Shape of a beer bottle) [2004] ECR II-1391, paragraph 52; and Case T-396/02 Storck v OHIM [Shape of a sweet) [2004] ECR II-3821, paragraph 24).
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