73However, as the Advocate General noted in points 52 to 56 of her Opinion, the Commission may not adopt an enforceable decision in the context of contractual relations which do not contain an arbitration clause in favour of the EU judicature and which therefore fall within the jurisdiction of the courts of a Member State. The adoption of such a decision by the Commission in the absence of an arbitration clause would restrict the jurisdiction of those courts, since the EU judicature would become competent to rule on the legality of that decision. The Commission could thus systematically circumvent the division of powers between the EU judicature and the national courts enshrined in primary law, as recalled in paragraphs 62 to 64 of the present judgment. Therefore, the Commission’s power to adopt enforceable decisions in contractual relations should be limited to contracts which contain an arbitration clause conferring jurisdiction on the EU judicature.
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