CASE IT APPEARS THAT THE PARTIES WERE UNDER NO OBLIGATION , WHETHER IN LAW OR IN FACT , TO REFER THEIR DISPUTES TO ARBITRATION .
12 THE SECOND POINT TO BE NOTED IS THAT THE GERMAN PUBLIC AUTHORITIES ARE NOT INVOLVED IN THE DECISION TO OPT FOR ARBITRATION NOR ARE THEY CALLED UPON TO INTERVENE AUTOMATICALLY IN THE PROCEEDINGS BEFORE THE ARBITRATOR . THE FEDERAL REPUBLIC OF GERMANY , AS A MEMBER STATE OF THE COMMUNITY RESPONSIBLE FOR THE PERFORMANCE OF OBLIGATIONS ARISING FROM COMMUNITY LAW WITHIN ITS TERRITORY PURSUANT TO ARTICLE 5 AND ARTICLES 169 TO 171 OF THE TREATY , HAS NOT ENTRUSTED OR LEFT TO PRIVATE INDIVIDUALS THE DUTY OF ENSURING THAT SUCH OBLIGATIONS ARE COMPLIED WITH IN THE SPHERE IN QUESTION IN THIS CASE .
13 IT FOLLOWS FROM THESE CONSIDERATIONS THAT THE LINK BETWEEN THE ARBITRATION PROCEDURE IN THIS INSTANCE AND THE ORGANIZATION OF LEGAL REMEDIES THROUGH THE COURTS IN THE MEMBER STATE IN QUESTION IS NOT SUFFICIENTLY CLOSE FOR THE ARBI TRATOR TO BE CONSIDERED AS A ' ' COURT OR TRIBUNAL OF A MEMBER STATE ' ' WITHIN THE MEANING OF ARTICLE 177 .
14 AS THE COURT HAS CONFIRMED IN ITS JUDGMENT OF 6 OCTOBER 1981 BROEKMEULEN , CASE 246/80 ( 1981 ) ECR 2311 ), COMMUNITY LAW MUST BE OBSERVED IN ITS ENTIRETY THROUGHOUT THE TERRITORY OF ALL THE MEMBER STATES ; PARTIES TO A CONTRACT ARE NOT , THEREFORE , FREE TO CREATE EXCEPTIONS TO IT . IN THAT CONTEXT ATTENTION MUST BE DRAWN TO THE FACT THAT IF QUESTIONS OF COMMUNITY LAW ARE RAISED IN AN ARBITRATION RESORTED TO BY AGREEMENT THE ORDINARY COURTS MAY BE CALLED UPON TO EXAMINE THEM EITHER IN THE CONTEXT OF THEIR COLLABORATION WITH ARBITRATION TRIBUNALS , IN PARTICULAR IN ORDER TO ASSIST THEM IN CERTAIN PROCEDURAL MATTERS OR TO INTERPRET THE LAW APPLICABLE , OR IN THE COURSE OF A REVIEW OF AN ARBITRATION AWARD - WHICH MAY BE MORE OR LESS EXTENSIVE DEPENDING ON THE CIRCUMSTANCES - AND WHICH THEY MAY BE REQUIRED TO EFFECT IN CASE OF AN APPEAL OR OBJECTION , IN PROCEEDINGS FOR LEAVE TO ISSUE EXECUTION OR BY ANY OTHER METHOD OF RECOURSE AVAILABLE UNDER THE RELEVANT NATIONAL LEGISLATION .
15 IT IS FOR THOSE NATIONAL COURTS AND TRIBUNALS TO ASCERTAIN WHETHER IT IS NECESSARY FOR THEM TO MAKE A REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE TREATY IN ORDER TO OBTAIN THE INTERPRETATION OR ASSESSMENT OF THE VALIDITY OF PROVISIONS OF COMMUNITY LAW WHICH THEY MAY NEED TO APPLY WHEN EXERCISING SUCH AUXILIARY OR SUPERVISORY FUNCTIONS .
16 IT FOLLOWS THAT IN THIS INSTANCE THE COURT HAS NO JURISDICTION TO GIVE A RULING .
Decision on costs
COSTS
17 THE COSTS INCURRED BY THE KINGDOM OF DENMARK , THE ITALIAN REPUBLIC , THE UNITED KINGDOM AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE