29To the extent that, by this ground of appeal, Mr Hesse seeks to demonstrate that the General Court wrongly confirmed that the earlier marks had acquired a reputation within the meaning of Article 8(5) of Regulation No 40/94, it must be noted that that finding is part of the assessment of the facts by the General Court which, according to the settled case-law of the Court of Justice referred to in paragraph 24 of the present judgment, cannot be the subject of an appeal, save where the facts and evidence submitted to the General Court are distorted.
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