Judgment_paragraph 78 · European Union Satellite Centre v KF (C-14/19 P)

78In the third place, as regards SatCen’s argument based on the contractual nature of the relationship between itself and KF, it is apparent from settled case-law that, where the applicant’s legal position falls within the contractual relationships whose legal status is governed by the national law agreed to by the contracting parties, the power to interpret and apply the provisions of the FEU Treaty enjoyed by the EU judicature in an action for annulment is not applicable, since such a situation, in principle and in accordance with Article 274 TFEU, comes within the jurisdiction of the national courts. Therefore, where there is a contract between the applicant and one of the institutions, bodies, offices or agencies of the European Union, an action may be brought before the EU judicature on the basis of Article 263 TFEU only where the contested measure aims to produce binding legal effects falling outside of the contractual relationship between the parties and involving the exercise of the prerogatives of a public authority conferred on the contracting institution, body, office or agency acting in its capacity as an administrative authority (see, to that effect, judgments of 9 September 2015, Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission, C‑506/13 P, EU:C:2015:562, paragraphs 18 and 20, and of 28 February 2019, Alfamicro v Commission, C‑14/18 P, EU:C:2019:159, paragraphs 48 and 50).