Judgment_paragraph 45 · Ryanair DAC and Airport Marketing Services Ltd v European Commission (C-758/21 P)

45It follows from the whole of that case-law that it is actually the application of the rules on the taking of evidence set out in Article 85 of the Rules of Procedure of the General Court that ensures observance of the principles of adversarial proceedings or equality of arms, the right to a fair trial or the sound administration of justice. Consequently, the General Court cannot, by having applied the rule laid down in Article 85(3) of its Rules of Procedure, have infringed those principles and rights, that being the case even if it considered that the additional evidence was inadmissible on the ground that the delay in the production thereof had not been justified to the requisite legal standard (see, by analogy, judgment of 14 April 2005, Gaki-Kakouri v Court of Justice, C‑243/04 P, EU:C:2005:238, paragraph 34).