Judgment_paragraph 137 · Common Market Fertilizers SA v Commission of the European Communities (C-443/05 P)

137It follows from the foregoing that CMFs complaint concerning one of the grounds of the judgment under appeal — that the possible illegality of the first paragraph of Article 907 of the implementing regulation is not a matter of public policy — is directed against a ground which was included in the judgment purely for the sake of completeness and which, being in consequence nugatory, cannot lead to the judgment being set aside (see, in particular, Case C-164/01 P Van den Berg v Council and Commission [2004] ECR I-10225, paragraph 60, and also Joined Cases C-189/02 P, C-202/02 P, C-205/02 P to C-208/02 P and C-213/02 P Dansk Rørindustri and Others v Commission [2005] ECR I-5425, paragraph 148).