General Court (Eighth Chamber) 8 February 2018, in case T–879/16 (Sony Interactive Entertainment Europe Ltd v. EUIPO, other party to the proceedings before the Board of Appeal being Marpefa, SL)
EU trade mark — Revocation proceedings —Genuine use of the trade mark — Decision taken following the annulment by the General Court of an earlier decision — Article 65(6) of Regulation (EC) No 207/2009 (now Article 72(6) of Regulation (EU) 2017/1001) — Res judicata
Res judicata extends only to the matters of fact and law actually or necessarily settled by the judicial decision in question, and, secondly, that the force of res judicata attaches not only to the operative part of that decision, but also to the ratio decidendi of that decision, which is inseparable from it.
In order to comply with a judgment annulling a measure and to implement it fully, the institution responsible for adopting that measure is required to have regard not only to the operative part of the judgment but also to the grounds constituting its essential basis, in so far as they are necessary for the purposes of determining the exact meaning of what is stated in the operative part. It is those grounds which, on the one hand, identify the precise provision held to be illegal and, on the other, indicate the specific reasons which underlie the finding of illegality contained in the operative part and which the institution concerned must take into account when replacing the annulled measure.
categoria:European Case Law