79In that regard, it is sufficient to note that, even if the argument of the Portuguese Government were well founded, the conclusion of the Agreement would in any event require the Council to act by a qualified majority and the Parliament to be consulted in accordance with the first sentence of Article 228(2) and the first subparagraph of Article 228(3). The submission put forward by the Portuguese Government is therefore purely formal in purport, since even if Article 113 of the Treaty is redundant as a legal basis for the conclusion of the Agreement that fact cannot affect the determination of the content of the contested Agreement (see, to that effect, Case 45/86 Commission v Council, cited above, paragraph 12, and Case 131/86 United Kingdom v Council [1988] ECR 905, paragraph 11).
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