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IT FOLLOWS FROM THE ABOVE THAT THE SCHEIDSGERECHT SHOULD BE CONSIDERED A COURT OR TRIBUNAL WITHIN THE MEANING OF ARTICLE 177 . THEREFORE THE REQUEST FOR INTERPRETATION IS ADMISSIBLE .
II - SUBSTANCE
1 . THE FIRST QUESTION PUT BY THE SCHEIDSGERECHT
THE SCHEIDSGERECHT REQUESTS THE COURT TO STATE WHETHER THE PROVISIONS OF CHAPTER II OF THE RBFM CONCERNING THE SICKNESS FUND MANAGED BY THE BFM CONSTITUTES ' LEGISLATION ' IN THE SENSE IN WHICH THAT TERM IS USED IN REGULATION NO 3 . THE COURT IS FURTHER ASKED WHETHER THE SAID PROVISIONS ARE COVERED BY ANNEX B OF THE SAID REGULATION UNDER THE HEADING ' NETHERLANDS ' IN SUBPARAGRAPH ( I ) AND WHETHER THIS ANNEX THEREFORE APPLIES TO THE NON-MANUAL EMPLOYEES IN NETHERLANDS MINES COVERED BY THE AFOREMENTIONED PROVISIONS .
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ACCORDING TO ARTICLE 177 OF THE EEC TREATY, THE COURT IS ONLY EMPOWERED TO GIVE JUDGMENT UPON THE INTERPRETATION OR VALIDITY OF THE TREATY AND OF ACTS OF THE INSTITUTIONS OF THE COMMUNITY, BUT HAS NO POWER TO APPLY THESE TO A SPECIFIC CASE .
THE COURT MUST ACCORDINGLY RESTRICT ITSELF TO EXTRACTING FROM THE QUESTION ASKED BY THE SCHEIDSGERECHT, IN THE LIGHT OF THE FACTS GIVEN BY THAT TRIBUNAL, ONLY THOSE MATTERS WHICH RELATE TO THE INTERPRETATION OF THE TREATY AND OF REGULATION NO 3 .
( A ) THE QUESTION ASKS FIRST WHETHER RULES GOVERNING SICKNESS INSURANCE FOR WORKERS AND THEIR SURVIVORS LAID DOWN AND OPERATED BY AN INSTITUTION ESTABLISHED UNDER PRIVATE LAW CAN BE CONSIDERED AS ' LEGISLATION ' WITHIN THE MEANING OF REGULATION NO 3 .
ACCORDING TO ARTICLE 1(B ) OF REGULATION NO 3, ' THE TERM " LEGISLATION " SHALL MEAN ALL LAWS, REGULATIONS AND OTHER ENFORCEABLE PROVISIONS...OF EACH MEMBER STATE RELATING TO THE SOCIAL SECURITY SCHEMES AND BRANCHES OF SOCIAL SECURITY SET OUT IN ARTICLE 2(1 ) AND ( 2 ) OF THIS REGULATION '. THUS IN PARTICULAR IT MEANS SOCIAL SECURITY SCHEMES AND BRANCHES OF SOCIAL SECURITY WHICH CONCERN SICKNESS BENEFITS .
THE EXPRESSION ' ENFORCEABLE PROVISIONS ' IS CLEARLY INTENDED TO COVER SOCIAL SECURITY SCHEMES AND BRANCHES OF SOCIAL SECURITY WHICH ARE MANAGED BY INSTITUTIONS OTHER THAN THE PUBLIC AUTHORITIES, AND WHICH HAVE A CERTAIN FREEDOM OF ACTION IN RELATION TO THE LATTER .
ACCORDING TO ARTICLE 1(E ) OF REGULATION NO 3, ' THE TERM " INSTITUTION " SHALL MEAN...THE AGENCY OR AUTHORITY RESPONSIBLE FOR ENFORCING ALL OR PART OF THE LEGISLATION '.
THE JUXTAPOSITION OF THE TERMS ' AGENCY ' AND ' AUTHORITY ' MAKES IT CLEAR THAT REGULATION NO 3 ALSO APPLIES TO ENFORCEABLE PROVISIONS GOVERNING THE FUNCTIONING OF INSTITUTIONS ESTABLISHED UNDER PRIVATE LAW, ALL THE MORE SO AS THESE ARE NOT EXPRESSLY EXCLUDED BY ANY PROVISIONS OF REGULATION NO 3 .
THE CONCEPT OF ' ENFORCEABLE PROVISIONS ' THUS APPLIES TO RULES WHICH, WHILE BEING DRAWN UP AND APPLIED IN THE FORM OF PRIVATE LAW AND BY BODIES CONSTITUTED UNDER PRIVATE LAW, ARE INTEGRATED INTO A MEMBER STATE'S SOCIAL SECURITY SCHEME BY REASON