... ( B ) THE VALIDITY AND INTERPRETATION OF ACTS OF THE INSTITUTIONS OF THE COMMUNITY ...". IT MUST THEREFORE BE DETERMINED WHETHER THE SUPPLEMENTARY AGREEMENT OF 16 OCTOBER 1972, AN INTERPRETATION OF WHICH IS SOUGHT BY THE NATIONAL COURT, MUST BE REGARDED AS AN ACT OF AN INSTITUTION OF THE COMMUNITY WITHIN THE MEANING OF THAT PROVISION .
18 IT IS NOT DISPUTED THAT THE SUPPLEMENTARY AGREEMENT WAS NEGOTIATED AND CONCLUDED BY NATIONAL ASSOCIATIONS OF INSURERS, WHICH ARE BODIES GOVERNED BY PRIVATE LAW AND ACT WITHIN THE FRAMEWORK OF THE FUNCTIONS ATTRIBUTED TO THEM BY THEIR STATUTES AND THE NATIONAL LEGISLATION TO WHICH THEY ARE SUBJECT .
19 THE AGREEMENT CANNOT THEREFORE BE CONSIDERED AN ACT OF A COMMUNITY INSTITUTION, SINCE NO COMMUNITY INSTITUTION OR AGENCY TOOK PART IN ITS CONCLUSION . THE FACT THAT THE CONCLUSION OF THIS AGREEMENT WAS A PRE-CONDITION FOR THE ENTRY INTO FORCE OF COUNCIL DIRECTIVE 72/166 AND THAT THE LENGTH OF TIME FOR WHICH THE DIRECTIVE IS APPLICABLE IS DETERMINED BY THE AGREEMENT' S DURATION DOES NOT AFFECT THE NATURE OF THAT AGREEMENT AS A MEASURE ADOPTED BY PRIVATE ASSOCIATIONS .
20 THAT CANNOT BE ALTERED BY THE FACT THAT THE COMMISSION, IN A RECOMMENDATION AND IN SUCCESSIVE DECISIONS, CONSISTENTLY STATED THAT THE SUPPLEMENTARY AGREEMENTS IN QUESTION COMPLIED WITH THE DIRECTIVE' S REQUIREMENTS OR BY THE FACT THAT ONE OF THOSE AGREEMENTS WAS ANNEXED TO A COMMISSION DECISION AND PUBLISHED WITH IT IN THE OFFICIAL JOURNAL . THE COMMISSION WAS MERELY ESTABLISHING THAT THE CONDITION LAID DOWN IN ARTICLE 2*(2 ) OF THE COUNCIL DIRECTIVE WAS SATISFIED, AND THE AGREEMENT WAS NOT THEREBY INCORPORATED IN THE TEXT OF THE DECISION OR TURNED INTO A COMMUNITY MEASURE .
21 IN THE LIGHT OF THE FOREGOING CONSIDERATIONS, IT MUST BE CONCLUDED THAT THE COURT HAS NO JURISDICTION TO GIVE A PRELIMINARY RULING ON THE QUESTION SUBMITTED TO IT BY THE NATIONAL COURT .
Decision on costs
COSTS
22 THE COSTS INCURRED BY THE UNITED KINGDOM, THE DANISH GOVERNMENT 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 PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED, IN THE NATURE OF A STEP IN THE PROCEEDINGS PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS,
THE COURT ( FOURTH CHAMBER ),
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE TRIBUNAL DE GRANDE INSTANCE, COLMAR, BY JUDGMENT OF 6 JULY 1983, HEREBY RULES :
THE COURT HAS NO JURISDICTION TO GIVE A RULING ON THE QUESTION SUBMITTED TO IT BY THE NATIONAL COURT .