56Commission v Portugal does not, according to the Austrian Government, impose any general obligation on the Member States to denounce international agreements when they are contrary to Community law. That interpretation, it argues, follows also from Case C-475/98 Commission v Austria [2002] ECR I-9797, paragraph 49, in which the Court held, concerning ‘open skies’ agreements, that in the case of amendments to such an agreement concluded before accession, the Member States are prevented not only from contracting new international commitments but also from maintaining such commitments in force if they infringe Community law. If there existed a general obligation to denounce agreements contrary to Community law, it would not have been necessary to establish that the entire agreement was confirmed when certain parts of it were amended.
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