35Baena Grupo considers that OHIM’s argument is unfounded. According to it, the General Court has total freedom in the assessment of the facts of the case. In that regard it refers to the judgment in Case C-265/97 P VBA v Florimex and Others [2000] ECR I-2061, where the Court referred, in the context of a subsequent appeal brought before it, to the assessment of the evidence carried out by the General Court.
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