Judgment_paragraph 49 · Ryanair DAC and Airport Marketing Services Ltd v European Commission (C-758/21 P)

49As regards the second part of this ground of appeal, of which the arguments are detailed in paragraph 34 above, in the first place, it is true, as the appellants submit, in accordance with the case-law referred to in paragraphs 43 and 44 above, that the belated submission or offer of evidence by a party under Article 85(3) of the Rules of Procedure of the General Court may be justified, in particular, by the fact that that party did not previously have the evidence in question at its disposal. However, the fact remains that, first, in accordance with that same case-law, the General Court has jurisdiction to reject the evidence concerned if it considers that that belated submission is not justified to the requisite legal standard or is not substantiated and that, second, the application of the aforementioned paragraph 3 requires that exceptional circumstances be shown to exist.