28In that regard, as is apparent in particular from paragraphs 215, 292, 293 and 301 of the judgment under appeal, the General Court relied solely on evidence contemporaneous with the facts to hold that the appellants’ responsibility in respect of the monitoring system and the compensation mechanism had not been established. It thus refused to take into consideration the statement of Mr V.C., the director of sales of bitumen at Petrogal Española SA (now Galp Energía España), of 6 December 2007, submitted in the procedural file by the appellants and, consequently, not admitted by the Commission as evidence against them in the contested decision.
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