88Consequently, where an action for annulment is brought before the EU judicature pursuant to Article 263 TFEU against an enforceable decision of the Commission formally establishing a contractual claim, that judicature has jurisdiction to examine that action having regard to the exercise of the prerogatives of a public authority which entails the adoption of such a decision. However, in the context of the examination of such an action, that judicature is called upon to hear not only pleas of annulment based on matters of fact and law arising from the actions of the Commission as administrative authority, but also pleas of annulment based on matters of fact and law arising from the contractual relations between the Commission and the applicant. In so far as that action also includes a counterclaim based on the performance of the contract in question, the EU judicature cannot declare such a claim inadmissible on the ground that this would constitute a direction which the court hearing the action for annulment cannot issue.
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