78In particular, the Court of Justice has held that even where a request for the examination of witnesses, made in the application, refers precisely to the facts on which and the reasons why a witness or witnesses should be examined, it falls to the Court of First Instance to assess the relevance of the application to the subject-matter of the dispute and the need to examine the witnesses named (Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraph 70; Dansk Rørindustri and Others v Commission, paragraph 68, and order of 15 September 2005 in Case C-112/04 P Marlines v Commission, not published in ECR, paragraph 38).
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