⇒ Court impliedly rejected doctrine of primacy – the German Federal Constitutional Court (FCC) said that, in the hypothetical case of a conflict between European Community (EC) law and the guarantee of fundamental rights under the German constitution, the German constitution's rights prevailed over any conflicting norm of EC law

⇒ HOWEVER, on the facts of this particular case, the FCC held that the rules of EC law in issue did not represent a violation of the fundamental rights under the German constitution

⇒ The German FCC moderated its stance – the FCC concluded, as long as the EC generally ensured an effective protection of fundamental rights against the sovereign power of its institutions and that protection was regarded as substantially similar to the protection of fundamental rights required unconditionally by the German Basic Law (constitution) the FCC would no longer exercise its jurisdiction (this means it will no longer scrutinise laws of the EC that could be incompatible with rights contained in the basic law)