74In those circumstances, even taking account of the fact that the Board of Appeal wrongly omitted to rule on the plea alleging infringement of Article 8(5) of Regulation No 207/2009 in so far as it concerned the goods covered by the mark applied for in Classes 21 and 24, it is not necessary to annul point 2 of the operative part of the contested decision since that error could not, in the particular circumstances of the present case, affect that part of the operative part of the contested decision (see, to that effect, Case T-301/01 Alitalia v Commission [2008] ECR II-1753, paragraph 307 and the case‑law cited).
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