57Since, first, in the context of an action for annulment under Article 263 TFEU, the EU judicature does not have jurisdiction to hear an action for a declaratory judgment (see, to that effect, order of 9 December 2003 in Italy v Commission, C‑224/03, EU:C:2003:658, paragraphs 20 and 21) and, secondly, the Mosaica contract contains, in Article 13, an arbitration clause within the meaning of Article 272 TFEU, giving exclusive jurisdiction to the EU judicature to hear any disputes between the parties as regards the validity, performance or interpretation of that contract, it is necessary to determine whether it is possible in the present case to reclassify the present action in part as an action brought both under Article 263 TFEU, for annulment of the contested decision, and under Article 272 TFEU, for a declaration that the Commission does not hold the contractual claim at issue. Since under Article 272 TFEU the EU Court enjoys full jurisdiction, enabling it, in contrast to a court reviewing the legality of an act under Article 263 TFEU, to hear and determine any type of action under an arbitration clause (see, to that effect, judgment of 26 February 2015 in Planet v Commission, C‑564/13 P, ECR, EU:C:2015:124, paragraphs 21 to 27, and Opinion of Advocate General Kokott in Planet v Commission, C‑564/13 P, ECR, C:2014:2352, points 19 to 22), Article 272 TFEU constitutes the appropriate legal basis on which to adjudicate on the applicants’ application for a declaration that the contractual claim at issue is non-existent.
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