76Facts not submitted by the parties before the departments of the CPVO cannot be submitted at the stage of the action brought before the General Court. The General Court is called upon to assess the legality of the decision of the Board of Appeal by reviewing the application of European Union law made by that board, particularly in the light of facts which were submitted to the latter, but that Court cannot carry out such a review by taking into account matters of fact newly produced before it (see, by analogy, Case C-29/05 P OHIM v Kaul [2007] ECR I-2213, paragraph 54).
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