Judgment_paragraph 58 · European Commission v Systran SA and Systran Luxembourg SA (C-103/11 P)

58There is no treaty provision conferring upon the Court of Justice or the General Court jurisdiction to hear disputes concerning the contractual liability of the Community, apart from Article 238 EC. The latter presupposes, however, the existence of an arbitration clause contained in a contract awarded by the Community or on its behalf (Flemmer and Others, paragraph 42; Guigard v Commission, paragraphs 40 and 41), and thus consists of a jurisdiction in derogation from the ordinary law, which must accordingly be interpreted restrictively (Case 426/85 Commission v Zoubek [1986] ECR 4057, paragraph 11; Case C-114/94 IDE v Commission [1997] ECR I-803, paragraph 82).