63As for the remainder, in that the appellant complains that the General Court made an incomplete assessment of the criteria justifying the taking into account of that evidence, it is appropriate to recall that when EUIPO is called upon to give judgment in the context of invalidity proceedings, taking facts or evidence into account which have been produced out of time is particularly likely to be justified where EUIPO considers, firstly, that the material which has been produced late is, on the face of it, likely to be relevant to the outcome of the application for a declaration of invalidity brought before it and, secondly, that the stage of the proceedings at which that late submission takes place and the circumstances surrounding it do not argue against such matters being taken into account (see, by analogy, judgments of 13 March 2007, OHMI v Kaul, C‑29/05 P, EU:C:2007:162, paragraph 44, and of 4 May 2017, Comercializadora Eloro v EUIPO, C‑71/16 P, not published, EU:C:2017:345, paragraph 59).
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