Judgment_paragraph 52 · Sony Interactive Entertainment Europe Ltd v European Union Intellectual Property Office (T-690/18)

52Moreover, it should be observed that the force of res judicata extends only to the grounds of a judgment which constitute the necessary support of its operative part and are, therefore, inseparable from it (see judgment of 25 July 2018, Société des produits Nestlé and Others v Mondelez UK Holdings & Services, C‑84/17 P, C‑85/17 P and C‑95/17 P, EU:C:2018:596, paragraph 52 and the case-law cited). Consequently, the aspects of the earlier decision which the Court had observed were well reasoned cannot be considered as having acquired the force of res judicata (see, to that effect and by analogy, judgment of 25 July 2018, Société des produits Nestlé and Others v Mondelez UK Holdings & Services, C‑84/17 P, C‑85/17 P and C‑95/17 P, EU:C:2018:596, paragraph 53). Thus, in the present case, the Fourth Board of Appeal could neither be bound by those aspects of the earlier decision nor uphold them in the contested decision.

Sony Interactive Entertainment Europe Ltd v European Union Intellectual Property Office (T-690/18)

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