Judgment_paragraph 44 · Goldfish BV and Others v European Commission (T-54/14)

44Nevertheless, some evidence may be removed from the file, particularly where there exists a doubt both as to the actual nature of the contested document and as to whether the person relying on it obtained it by proper means (see, to that effect, judgment of 17 December 1981, Ludwigshafener Walzmühle Erling and Others v Council and Commission, 197/80 to 200/80, 243/80, 245/80 and 247/80, EU:C:1981:311, paragraph 16). However, such removal is not automatic and the EU Courts have, on occasion, agreed to take account of documents which had not been shown to have been obtained by proper means (see, to that effect, judgment of 8 July 2008, Franchet and Byk v Commission, T‑48/05, EU:T:2008:257, paragraph 78 and the case-law cited).