84However, such a reclassification of the action, since it depends not only on the will of the EU judicature but is also, in accordance with that case-law of the General Court, subject to conditions independent of that reclassification, such as the fact that the applicant does not expressly oppose it and the existence of a plea alleging infringement of the rules governing the contractual relationship in question, cannot be regarded as providing effective judicial protection under Article 47 of the Charter, since that fundamental right requires, as recalled in paragraph 80 of the present judgment, that the court must consider all questions of fact and law relevant to the dispute before it.
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