56That institution submits in that regard that it is settled case-law that, in an action for failure to fulfil obligations, res judicata extends only to the matters of fact and law actually or necessarily settled by a judgment of the Court (see, inter alia, Case C-462/05Commission v Portugal [2008] ECR I-4183, paragraph 23, and Case C-526/08Commission v Luxembourg [2010] ECR I-6180, paragraph 27).