44Those principles arising from the case-law referred to in paragraphs 41 to 43 above apply all the more to evidence produced and offered under Article 85(3) of the Rules of Procedure of the General Court. That provision, unlike Article 85(2), does not constitute a mere derogation to the general rule set out in paragraph 1 of that article, but is an exception to the basic rule and the derogation laid down, respectively, in Article 85(1) and (2), since the possibility provided for in that paragraph 3, according to the very wording of that provision, is available only exceptionally (see, to that effect, judgments of 14 April 2005, Gaki-Kakouri v Court of Justice, C‑243/04 P, EU:C:2005:238, paragraph 33, and of 16 September 2020, BP v FRA, C‑669/19 P, EU:C:2020:713, paragraph 47), with its application thus presupposing that the existence of exceptional circumstances be established (see, to that effect, judgment of 11 September 2019, HX v Council, C‑540/18 P, EU:C:2019:707, paragraph 67).
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