47In that regard, it must be observed that neither the fact that the documents in question may be confidential nor the fact that they may have been obtained unlawfully precludes their remaining in the case-file. First, there is no provision that expressly prohibits evidence obtained unlawfully from being taken into account (judgments of 8 July 2008 in Franchet and Byk v Commission, T‑48/05, ECR, EU:T:2008:257, paragraphs 74 and 75, and 24 March 2011 in Dover v Parliament, T‑149/09, EU:T:2011:119, paragraph 61). Second, the Court of Justice has not ruled out the possibility that even internal documents may, in certain cases, lawfully be placed on the case-file (orders of 19 March 1985 in Tordeur and Others, 232/84, paragraph 8, and 15 October 1986 in LAISA v Council, 31/86, paragraph 5).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.