45Second, as far as concerns the Marpol Convention 73/78, to which the European Union is not a party, but which binds all its Member States, that convention is liable to have consequences for the interpretation of the Montego Bay Convention and, second, the provisions of secondary law which fall within the field of application of the Marpol Convention 73/78, such as those of Directive 2005/35. In view of the customary principle of good faith, which forms part of general international law, and of Article 4(3) TEU, the Court is to interpret the provisions by taking account of the Marpol Convention 73/78 (see, to that effect, judgment of 3 June 2008, Intertanko and Others, C‑308/06, EU:C:2008:312, paragraphs 47 and 52).
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