WHICH WOULD BECOME CONTRACTING PARTIES TO THE AETR .
49 THROUGHOUT THE NEGOTIATIONS AND AT THE CONCLUSION OF THE AGREEMENT, THE STATES WOULD ACT IN COMMON AND WOULD CONSTANTLY COORDINATE THEIR POSITIONS ACCORDING TO THE USUAL PROCEDURE IN CLOSE ASSOCIATION WITH THE COMMUNITY INSTITUTIONS, THE DELEGATION OF THE MEMBER STATE CURRENTLY OCCUPYING THE PRESIDENCY OF THE COUNCIL ACTING AS SPOKESMAN .
50 IT DOES NOT APPEAR FROM THE MINUTES THAT THE COMMISSION RAISED ANY OBJECTIONS TO THE DEFINITION BY THE COUNCIL OF THE OBJECTIVE OF THE NEGOTIATIONS .
51 ON THE OTHER HAND, IT DID LODGE AN EXPRESS RESERVATION REGARDING THE NEGOTIATING PROCEDURE, DECLARING THAT IT CONSIDERED THAT THE POSITION ADOPTED BY THE COUNCIL WAS NOT IN ACCORDANCE WITH THE TREATY, AND MORE PARTICULARLY WITH ARTICLE 228 .
52 IT FOLLOWS FROM THE FOREGOING THAT THE COUNCIL' S PROCEEDINGS DEALT WITH A MATTER FALLING WITHIN THE POWER OF THE COMMUNITY, AND THAT THE MEMBER STATES COULD NOT THEREFORE ACT OUTSIDE THE FRAMEWORK OF THE COMMON INSTITUTIONS .
53 IT THUS SEEMS THAT IN SO FAR AS THEY CONCERNED THE OBJECTIVE OF THE NEGOTIATIONS AS DEFINED BY THE COUNCIL, THE PROCEEDINGS OF 20 MARCH 1970 COULD NOT HAVE BEEN SIMPLY THE EXPRESSION OR THE RECOGNITION OF A VOLUNTARY COORDINATION, BUT WERE DESIGNED TO LAY DOWN A COURSE OF ACTION BINDING ON BOTH THE INSTITUTIONS AND THE MEMBER STATES, AND DESTINED ULTIMATELY TO BE REFLECTED IN THE TENOR OF THE REGULATION .
54 IN THE PART OF ITS CONCLUSIONS RELATING TO THE NEGOTIATING PROCEDURE, THE COUNCIL ADOPTED PROVISIONS WHICH WERE CAPABLE OF DEROGATING IN CERTAIN CIRCUMSTANCES FROM THE PROCEDURE LAID DOWN BY THE TREATY REGARDING NEGOTIATIONS WITH THIRD COUNTRIES AND THE CONCLUSION OF AGREEMENTS .
55 HENCE, THE PROCEEDINGS OF 20 MARCH 1970 HAD DEFINITE LEGAL EFFECTS BOTH ON RELATIONS BETWEEN THE COMMUNITY AND THE MEMBER STATES AND ON THE RELATIONSHIP BETWEEN INSTITUTIONS .
( B ) ALTERNATIVE SUBMISSIONS ON ADMISSIBILITY
56 THE COUNCIL CONTENDS THAT ANALYSIS OF THE CONSEQUENCES WHICH AN ANNULMENT OF THE PROCEEDINGS ON 20 MARCH 1970 MIGHT INVOLVE CONFIRMS THAT THE LATTER WERE DEVOID OF ALL LEGAL EFFECT .
57 SUCH AN ANNULMENT WOULD CANCEL THE RECOGNITION OF THE COORDINATION BETWEEN MEMBER STATES, BUT WOULD NOT AFFECT EITHER THE REALITY OF THAT COORDINATION OR THE SUBSEQUENT ACTION OF THOSE STATES IN THE NEGOTIATION OF THE AETR .
58 THE COUNCIL CLAIMS THAT THE COMMISSION' S ACTION THEREFORE CANNOT ACHIEVE ITS AIM, AND IS THUS DEVOID OF PURPOSE .
59 UNDER ARTICLE 174, " IF THE ACTION IS WELL FOUNDED THE COURT OF JUSTICE SHALL DECLARE THE ACT CONCERNED TO BE VOID ".
60 IF THAT WERE DONE, THE COUNCIL' S PROCEEDINGS WOULD HAVE TO BE DEEMED NON-EXISTENT IN SO FAR AS THEY HAD BEEN ANNULLED BY THE COURT; THE PARTIES TO THE DISPUTE WOULD THEN BE RESTORED TO THEIR ORIGINAL POSITION, AND WOULD HAVE TO RECONSIDER THE DISPUTED QUESTIONS SO AS TO RESOLVE THEM IN ACCORDANCE WITH COMMUNITY LAW .
61 IT IS THUS INCONTESTABLE THAT THE COMMISSION