110Article 178(1) of the Rules of Procedure provides that the forms of order sought in the cross-appeal are to seek the annulment, in whole or in part, of the decision of the General Court, without limiting the scope of those forms of order to the decision of the General Court as set out in the operative part of that decision, unlike Article 169(1) of those rules, which relates to the forms of order sought in the appeal. It follows that, in the present case, FCB and the Kingdom of Spain could have brought a cross-appeal challenging the rejection by the General Court of the first plea in law put forward at first instance. In the absence of such a cross-appeal, the judgment under appeal has the force of res judicata in so far as the General Court rejected the first plea in law relied on at first instance.
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