57However, the principle of res judicata in respect of a judgment extends only to the matters of fact and law actually or necessarily settled (Italy v Commission, C‑281/89, ECR, EU:C:1991:59, paragraph 14). Furthermore, an obiter dictum in a judgment annulling an act does not have force of res judicata with absolute effect (see, to this effect, ThyssenKrupp Nirosta v Commission, C‑352/09 P, ECR, EU:C:2011:191, paragraph 132). Thus, Article 266 TFEU requires the institution which adopted the annulled measure only to take the necessary measures to comply with the judgment annulling its measure (Interporc v Commission, paragraph 56 above, EU:C:2003:125, paragraph 30).
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