Judgment_paragraph 36 · European Union Intellectual Property Office v European Dynamics Luxembourg SA and Others (C-677/15 P)

36As the conclusion in paragraph 53 of the judgment under appeal is vitiated by an error of law, it follows that it must be found, as the Advocate General observed in point 49 of his Opinion, that the judgment under appeal is also vitiated by another error in law, in that, by upholding the ninth complaint in the first part of the third plea in law at first instance, the General Court concluded there had been a manifest error of assessment in relation to the first award criterion in question. If it is not possible to rely on that conclusion, paragraphs 91 and 96 of that judgment are deprived of all reason. Such inadequate reasoning is a matter of public policy, which must be raised by the EU judicature of its own motion (see, to that effect, judgment of 11 April 2013, Mindo v Commission, C‑652/11 P, EU:C:2013:229, paragraph 30 and the case-law cited).