MEMBER STATES ARE UNDER A DUTY TO ACCEPT BY VIRTUE OF THEIR ACCESSION TO THE COMMUNITIES TO ALL ' DECLARATIONS OR RESOLUTIONS OR OTHER POSITIONS . . . CONCERNING THE EUROPEAN COMMUNITIES ADOPTED BY COMMON AGREEMENT OF THE MEMBER STATES ' . THE 1957 DECISION , WHICH WAS ADOPTED FOR THE PURPOSES OF THE IMPLEMENTATION OF THE AGREEMENT ON THE STATUTE OF THE EUROPEAN SCHOOL CONCLUDED IN CONNECTION WITH THE FUNCTIONING OF THE COMMUNITIES , IS ONE OF THE ' POSITIONS ' COVERED BY THAT PROVISION . CONSEQUENTLY , IN RELATION TO THE 1957 DECISION THE NEW MEMBER STATES ARE ' IN THE SAME SITUATION AS THE ORIGINAL MEMBER STATES ' BY VIRTUE OF ARTICLE 3 ( 3 ).
30 HOWEVER , ARTICLE 3 ( 3 ) OF THE ACT OF ACCESSION DOES NOT ATTACH ANY ADDITIONAL LEGAL EFFECT TO THE MEASURES TO WHICH IT APPLIES ; IT MERELY STIPULATES THAT THE NEW MEMBER STATES ' WILL . . . OBSERVE THE PRINCIPLES AND GUIDELINES DERIVING FROM THOSE DECLARATIONS , RESOLUTIONS OR OTHER POSITIONS AND WILL TAKE SUCH MEASURES AS MAY BE NECESSARY TO ENSURE THEIR IMPLEMENTATION ' . IT IS THEREFORE INTENDED TO ENSURE THAT THE NEW MEMBER STATES ARE SUBJECT TO THE SAME OBLIGATIONS AS THE ORIGINAL MEMBER STATES BY VIRTUE OF THE MEASURES IN QUESTION AND TO MAKE IT IMPOSSIBLE FOR A NEW MEMBER STATE TO RELY ON THE FACT THAT SUCH MEASURES WERE ADOPTED IN ITS ABSENCE .
31 THE COMMISSION ALSO DREW ATTENTION , IN PARTICULAR AT THE HEARING , TO THE QUESTION WHETHER , BY VIRTUE OF THE STATUTE OF THE EUROPEAN SCHOOL AND MORE GENERALLY BY VIRTUE OF THE RULES OF INTERNATIONAL LAW AND IN THE LIGHT OF THE POWERS WHICH THE MEMBER STATES HAD GIVEN TO THEIR REPRESENTATIVES ON THE BOARD OF GOVERNORS FOR THE MEETING IN QUESTION , THE 1957 DECISION CAN CREATE BINDING LEGAL EFFECTS . HOWEVER , AS HAS BEEN STATED ABOVE , THAT QUESTION IS NOT WITHIN THE JURISDICTION OF THE COURT IN THE CONTEXT OF PROCEEDINGS UNDER ARTICLE 177 OF THE EEC TREATY AND ARTICLE 150 OF THE EAEC TREATY .
32 IN REPLY TO QUESTION 1 ( B ) IT MUST THEREFORE BE STATED THAT ARTICLE 3 ( 3 ) OF THE ACT OF ACCESSION MUST BE INTERPRETED AS APPLYING TO THE DECISION ADOPTED ON 25 , 26 , AND 27 JANUARY 1957 BY THE REPRESENTATIVES OF THE SIX ORIGINAL MEMBER STATES OF THE ECSC , WHO HAD FORMED THEMSELVES INTO THE BOARD OF GOVERNORS OF THE EUROPEAN SCHOOL IN LUXEMBOURG , BUT THAT IT DOES NOT ADD TO THE LEGAL SCOPE OF THAT DECISION .
ARTICLE 5 OF THE EEC TREATY
33 BY THEIR SECOND QUESTION THE SPECIAL COMMISSIONERS ASK IN THE FIRST PLACE WHETHER ARTICLE 5 OF THE EEC TREATY REQUIRES MEMBER STATES TO GIVE EFFECT TO THE 1957 DECISION . IT IS CLEAR FROM THEIR DECISION THAT THAT QUESTION IS INTENDED TO ESTABLISH WHETHER THE MEMBER STATES ARE UNDER AN OBLIGATION TO EXEMPT