Judgment_paragraph 63 · Dalmine SpA v Commission of the European Communities (C-407/04 P)

63As regards the use of that information by the Commission, the Court of First Instance correctly observed at paragraph 90 of the judgment under appeal that Dalmines arguments could affect only ‘the reliability and therefore the probative value of its managers' statements and not the admissibility of that evidence in the present proceedings’. As stated in the context of the assessment of the first part of this plea, the principle which prevails in Community law is that of the unfettered evaluation of evidence and the only relevant criterion for the purpose of assessing the evidence adduced relates to its credibility. Accordingly, as the transmission of the minutes in issue was not declared unlawful by an Italian court, those documents cannot be considered to have been inadmissible evidence which ought to have been removed from the file.