79The application of the case-law of the General Court, which makes a distinction as to whether the pleas raised in the context of an action must be regarded by the EU judicature adjudicating on that action as relating to one of the infringements or cases referred to in the second paragraph of Article 263 TFEU or, on the contrary, as alleging failure to perform the clauses of the contract concerned or infringement of the provisions of national law applicable to that contract, would have required that the applicant bring its action on the basis of Article 272 TFEU as well. As such, that case-law would not ensure that all the questions of fact and law that are relevant to the dispute are examined in order to ensure effective judicial protection under Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.