paragraph 392 in volume 3, chapter 27, The Decision
Probably under the influence of private law analogies, it is readily assumed (and the assumption can find support in the inadequate negative wording of Article 59), that a judgment can only be binding on the parties to the dispute (or, having regard to Article 63, the parties to the litigation), and cannot affect the legal position of other parties. However, this restricted view of the effect of the extent of the scope of a judgment is not supported by the case law nor does it accord with the realities of interna…