Hvad angår EØF-Traktatens artikel 5, henviste Domstolen til sin tidligere praksis, hvorefter denne bestemmelse bl.a. forbyder medlemsstaterne at træffe foranstaltninger, der kan hindre fællesskabsinstitutionernes funktion.
As far as Article 5 of the EEC Treaty was concerned, it had to be remembered that, as the Court had already pointed out, that provision prohibited Member States, Inter alia, from adopting measures which were likely to Impede the functioning of the Community institutions.