Judgment_paragraph 74 · Helena Rubinstein SNC and L'Oréal SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-100/11 P)

74However, it is settled case-law that the Court of Justice has no jurisdiction to establish the facts or, in principle, to examine the evidence which the General Court accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the General Court alone to assess the value which should be attached to the evidence produced before it. Save where the clear sense of the evidence has been distorted, that appraisal does not therefore constitute a point of law which is subject, as such, to review by the Court of Justice (Case C-304/06 P Eurohypo v OHIM [2008] ECR I-3297, paragraph 33 and the case-law cited).