Judgment_paragraph 41 · Dole Food Company, Inc. and Dole Germany OHG v European Commission (T-588/08)

41According to the case-law, the lodging of evidence offered after the rejoinder remains possible only where the person offering the evidence was unable, before the end of the written procedure, to obtain possession of the evidence in question, or if evidence produced belatedly by the other party justifies completing the file so as to ensure observance of the rule that both parties should be heard (Case T-172/01 M v Court of Justice [2004] ECR II-1075, paragraph 44, upheld on appeal by judgment of 14 April 2005 in Case C-243/04 P Gaki-Kakouri v Court of Justice, not published in the ECR, and Case T-51/07 Agrar-Invest-Tatschl v Commission [2008] ECR II-2825, paragraph 57).