Judgment_paragraph 43 · Ryanair DAC and Airport Marketing Services Ltd v European Commission (C-758/21 P)

43Furthermore, with regard to the provisions of paragraphs 1, 2 and 4 of Article 85 of the Rules of Procedure of the General Court, the Court of Justice has also held that although, in accordance with the time-bar rule laid down in Article 85(1) of those rules of procedure, the parties must state the reasons for the delay in submitting or offering new evidence, the Courts of the European Union have jurisdiction to review the merits of the reasons for the delay in submitting or offering that evidence and, depending on the case, the content of that evidence and also, if its belated production is not justified to the requisite legal standard or substantiated, jurisdiction to reject it. The belated submission or offer of evidence by a party may be justified, in particular, by the fact that that party did not previously have the evidence in question at its disposal, or if the belated production of evidence by the opposing party justifies the file being supplemented, in such a way as to ensure observance of the inter partes principle (judgment of 16 September 2020, BP v FRA, C‑669/19 P, EU:C:2020:713, paragraph 41 and the case-law cited).