Judgment_paragraph 82 · Council of the European Union v Hamas (C-833/19 P)

82It must be noted that Hamas could have brought a cross-appeal challenging the General Court’s rejection of those first seven pleas put forward at first instance, since Article 178(1) of the Rules of Procedure provides that the form of order sought in the cross-appeal is to seek to have set aside, in whole or in part, the decision of the General Court, without limiting the scope of the form of order sought 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 form of order sought in the appeal. In the absence of such a cross-appeal, the judgment under appeal therefore has the force of res judicata in so far as the General Court rejected the first seven pleas (see, to that effect, judgment of 4 March 2021, Commission v Fútbol Club Barcelona, C‑362/19 P, EU:C:2021:169, paragraph 110).