Judgment_paragraph 96 · European Investment Bank and European Commission v ClientEarth (C-212/21 P)

96As regards, in the first place, the question, raised by ClientEarth, of whether the Commission is entitled to challenge, at the appeal stage, the judgment under appeal in so far as it allegedly wrongly classified the resolution of 12 April 2018 as a ‘measure of individual scope’, it must be recalled that an appellant is entitled to bring an appeal relying, before the Court of Justice, on pleas and arguments arising from the judgment under appeal itself which seek to criticise its merits in law (see, to that effect, judgments of 29 November 2007, Stadtwerke Schwäbisch Hall and Others v Commission, C‑176/06 P, not published, EU:C:2007:730, paragraph 17, and of 4 March 2021, Commission v Fútbol Club Barcelona, C‑362/19 P, EU:C:2021:169, paragraph 47 and the case-law cited).