Judgment_paragraph 23 · Gabriele Schmid v European Union Intellectual Property Office (T-72/17)

23However, in the present case the submission of the evidence at the hearing was out of time for the purpose of those provisions. As the applicant and the intervener failed to put forward justification for the late submission of that evidence, it must be rejected as inadmissible, under Article 85(1) and (3) of the Rules of Procedure, especially as that evidence does not appear in the file relating to the proceedings before the Board of Appeal and it is not this Court’s function to re-evaluate the factual circumstances in the light of documents submitted for the first time before it (see judgment of 22 June 2017, Biogena Naturprodukte v EUIPO (ZUM wohl), T‑236/16, EU:T:2017:416, paragraph 21 and the case-law cited).