The act of submitting a dispute of this nature to a judicial forum such as an arbitral tribunal established pursuant to Annex VII to the United Nations Convention on the Law of the Sea involves the risk that a judicial forum other than the Court of Justice will rule on the scope of obligations imposed on the Member States pursuant to Community law.
In those circumstances, the obligation of close cooperation within the framework of a mixed agreement involves, on the part of a Member State, a duty to inform and consult the competent Community institutions prior to instituting dispute-settlement proceedings under the Convention.