52 IN NO WAY MAKES THE EFFECT OF THE FIRST PARAGRAPH DEPENDENT ON THE EXISTENCE OF SUCH AGREEMENTS .
20 THE SOLE FUNCTION OF SUCH AGREEMENTS IS TO PROVIDE DETAILED RULES FOR ITS IMPLEMENTATION, WHERE NECESSARY, WITHOUT HOWEVER RENDERING THE DIRECT EFFECT OF THE PROVISION IN QUESTION SUBORDINATE TO THEM .
21 CONSEQUENTLY THE FACT THAT SUCH AN AGREEMENT HAS BEEN CONCLUDED SOLELY IN CONNEXION WITH THE SUBROGATION REFERRED TO IN SUBPARAGRAPH ( A ) CANNOT LIMIT THE LEGISLATIVE SCOPE OF THE PART OF THE PROVISION EXCLUDED FROM THE AGREEMENT .
Decision on costs
22 THE COSTS INCURRED BY THE COMMISSION OF THE EEC, WHICH HAS SUBMITTED ITS OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE .
23 AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE COUR SUPERIEURE DE JUSTICE OF LUXEMBOURG, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE COUR SUPERIEURE DE JUSTICE OF THE GRAND DUCHY OF LUXEMBOURG BY ORDER OF THAT COURT OF 20 MAY 1969, HEREBY RULES :
1 . ARTICLE 52 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC OF 25 SEPTEMBER 1958 IS APPLICABLE TO A WAGE-EARNER OR ASSIMILATED WORKER WHO HAS BOTH HIS PLACE OF WORK AND PLACE OF PERMANENT RESIDENCE IN ONE MEMBER STATE BUT WHO HAS HAD A TRAFFIC ACCIDENT IN THE TERRITORY OF ANOTHER MEMBER STATE, IRRESPECTIVE OF THE REASONS FOR HIS PRESENCE IN THE LATTER STATE;
2 . ARTICLE 52 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC IS ALSO APPLICABLE WHERE THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT INSTITUTES PROCEEDINGS BEFORE ITS NATIONAL COURT;
3 . THE OBJECT OF ARTICLE 52 IS TO SECURE THE RECOGNITION BY EACH MEMBER STATE OF ANY RIGHT OF ACTION PURSUED BY THE OTHERS IN FAVOUR OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT AGAINST THE THIRD PARTY LIABLE EITHER BY MEANS OF SUBROGATION OR ANY OTHER LEGAL METHOD . THIS RIGHT MAY BE ASSERTED EVEN THOUGH IT HAS NOT BEEN THE SUBJECT OF A BILATERAL AGREEMENT AS REFERRED TO IN THE SECOND PARAGRAPH OF THE SAME ARTICLE .