83Furthermore, it should be borne in mind that, according to settled case-law, even though the provisions of a treaty such as the ITA are not such as to create rights upon which individuals may rely directly before the courts under European Union law, where the European Union has legislated in the field in question, the primacy of international agreements concluded by the European Union over provisions of secondary Community legislation means that such provisions must, so far as is possible, be interpreted in a manner that is consistent with those agreements (see, to that effect, Case C-61/94 Commission v Germany [1996] ECR I-3989, paragraph 52, and Case C-428/08 Monsanto Technology [2010] ECR I-6765, paragraph 72).
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