Judgment_paragraph 11 · KUKA Roboter GmbH v European Union Intellectual Property Office (T-97/08)

11Apart from the fact that those documents were submitted late during the proceedings before the Court, in infringement of Article 48(1) of the Rules of Procedure of the General Court, without justification for the delay in their submission, it should be noted that, according to settled case-law, the purpose of actions before the Court 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 (now Article 65 of Regulation No 207/2009), so that it is not the Court’s function to review the facts in the light of documents produced for the first time before it (see, to that effect, Case T-346/04 Sadas v OHIM - LTJ Diffusion (ARTHUR ET FELICIE) [2005] ECR II-4891, paragraph 19 and the case-law cited). The legality of a decision of the Board of Appeal cannot therefore be called into question by pleading new facts before the General Court unless it is proved that the Board of Appeal should have taken those facts into account of its own motion during the administrative procedure before adopting any decision in the matter (Case T-247/01 eCopy v OHIM (ECOPY) [2002] ECR II-5301, paragraph 46).