Keywords

Summary



Keywords

1 . INSURANCE AGAINST CIVIL LIABILITY IN RESPECT OF MOTOR VEHICLES - TRAFFIC WITHIN THE COMMUNITY - GREEN CARD - CHECKS AT FRONTIERS - ABOLITION - MEASURES TO THAT EFFECT - AUTHORIZATION OF NATIONAL PROVISIONS OR AGREEMENTS BETWEEN NATIONAL INSURERS ' BUREAUX WHICH ARE INCOMPATIBLE WITH THE RULES OF THE TREATY - INADMISSIBILITY

( COUNCIL DIRECTIVE NO 72/166/EEC , COMMISSION RECOMMENDATION NO 73/185/EEC AND COMMISSION DECISION NO 74/166/EEC )

2 . INSURANCE AGAINST CIVIL LIABILITY IN RESPECT OF MOTOR VEHICLES - TRAFFIC WITHIN THE COMMUNITY - VEHICLES INSURED IN A MEMBER STATE - DAMAGE CAUSED IN THE TERRITORY OF ANOTHER MEMBER STATE - RULES - SOLE RESPONSIBILITY OF A NATIONAL INSURERS ' BUREAU BY VIRTUE OF A NATIONAL PROVISION OR AN AGREEMENT BETWEEN NATIONAL BUREAUX - POSSIBILITY OF RECOURSE TO UNDERTAKINGS SPECIALIZING IN THE SETTLEMENT OF ACCIDENT CLAIMS - COMPATIBILITY WITH COMMUNITY RULES ON COMPETITION

( EEC TREATY , ARTICLE 90 ( 1 ), ARTICLE 85 AND ARTICLE 76 )

3 . INSURANCE AGAINST CIVIL LIABILITY IN RESPECT OF MOTOR VEHICLES - TRAFFIC WITHIN THE COMMUNITY - VEHICLES INSURED IN A MEMBER STATE - DAMAGE CAUSED IN THE TERRITORY OF ANOTHER MEMBER STATE - NATIONAL INSURERS ' BUREAU - CONDUCT TENDING TO EXCLUDE UNDERTAKINGS SPECIALIZING IN THE SETTLEMENT OF ACCIDENT CLAIMS - INFRINGEMENT OF COMMUNITY RULES ON COMPETITION - FINDING BY THE NATIONAL COURT

( EEC TREATY , ARTICLE 85 , ARTICLE 86 AND ARTICLE 90 )

4 . DISCRIMINATION WITHIN THE MEANING OF ARTICLES 52 AND 59 OF THE EEC TREATY - PROHIBITION - CRITERIA

5 . INSURANCE AGAINST CIVIL LIABILITY IN RESPECT OF MOTOR VEHICLES - TRAFFIC WITHIN THE COMMUNITY - VEHICLES BASED IN A MEMBER STATE - DAMAGE CAUSED IN THE TERRITORY OF ANOTHER MEMBER STATE - PAYMENT TO ACCIDENT VICTIMS - FINAL DECISION RESERVED TO THE NATIONAL INSURERS ' BUREAU OF THAT STATE OR TO INSURANCE COMPANIES HAVING AN ESTABLISHMENT THERE - DISCRIMINATION - ABSENCE

( EEC TREATY , ARTICLE 52 AND ARTICLE 59 )

Summary

1 . COUNCIL DIRECTIVE NO 72/166/EEC OF 24 APRIL 1972 , COMMISSION RECOMMENDATION NO 73/185/EEC OF 15 MAY 1973 AND COMMISSION DECISION NO 74/166/EEC OF 6 FEBRUARY 1974 WHICH SEEK TO ABOLISH CHECKS ON THE GREEN CARD AT FRONTIERS BETWEEN MEMBER STATES CANNOT BE REGARDED AS AUTHORIZING THE EXISTENCE OF NATIONAL PROVISIONS OR AGREEMENTS BETWEEN NATIONAL INSURANCE BUREAUX OR THEIR MEMBERS WHICH ARE INCOMPATIBLE WITH THE PROVISIONS OF THE TREATY RELATING TO COMPETITION , THE RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES .

2 . A NATIONAL PROVISION OR AN AGREEMENT BETWEEN NATIONAL BUREAUX ESTABLISHED IN THE CONTEXT OF THE GREEN CARD SYSTEM WHICH DECLARES THAT THE NATIONAL BUREAU BEARS SOLE RESPONSIBILITY FOR THE SETTLEMENT OF CLAIMS FOR DAMAGE CAUSED IN THE TERRITORY OF THAT MEMBER STATE BY VEHICLES INSURED BY FOREIGN INSURANCE COMPANIES BUT WHICH STILL ALLOWS THE NATIONAL BUREAU OR ITS MEMBERS TO RELY ON UNDERTAKINGS WHOSE BUSINESS CONSISTS SOLELY IN THE SETTLEMENT OF ACCIDENT CLAIMS ON BEHALF OF INSURERS IN THE SENSE OF THE HANDLING AND INVESTIGATION OF CLAIMS , IS NOT INCOMPATIBLE WITH ARTICLE 90 ( 1 ) OF THE TREATY IN CONJUNCTION WITH ARTICLES 85 AND 86 .

3 . A DECISION OR A COURSE OF CONDUCT OF A NATIONAL BUREAU OR CONCERTED PRACTICES OF ITS MEMBERS WHICH HAVE THE OBJECT OR EFFECT OF EXCLUDING UNDERTAKINGS WHOSE BUSINESS CONSISTS SOLELY IN THE SETTLEMENT , IN THE RESTRICTED SENSE REFERRED TO ABOVE , OF ACCIDENT CLAIMS ON BEHALF OF INSURERS , MAY POSSIBLY FALL UNDER THE PROHIBITION OF ARTICLE 85 AND , IF THE NATIONAL BUREAU IS IN A DOMINANT POSITION , UNDER THE PROHIBITION CONTAINED IN ARTICLE 90 OF THE TREATY IN CONJUNCTION WITH ARTICLE 86 . IT IS FOR THE NATIONAL COURT TO DETERMINE WHETHER THE CONDITIONS FOR THE APPLICATION OF THOSE PROHIBITIONS ARE FULFILLED .

4 . FOR DISCRIMINATION TO FALL UNDER THE PROHIBITIONS CONTAINED IN ARTICLES 52 AND 59 IT SUFFICES THAT SUCH DISCRIMINATION RESULTS FROM RULES OF WHATEVER KIND WHICH SEEK TO GOVERN COLLECTIVELY THE CARRYING ON OF THE BUSINESS IN QUESTION . IN THAT CASE IT IS NOT RELEVANT WHETHER THE DIS- CRIMINATION ORIGINATED IN MEASURES OF A PUBLIC AUTHORITY , OR ON THE OTHER HAND , IN MEASURES ATTRIBUTABLE TO INDIVIDUALS .

5 . RULES OR CONDUCT HAVING THE EFFECT OF RESERVING TO THE NATIONAL BUREAU OF A MEMBER STATE OR TO ITS MEMBERS OR TO INSURANCE COMPANIES WITH AN ESTABLISHMENT THERE THE FINAL DECISION AS TO THE PAYMENT OF DAMAGES TO VICTIMS OF ACCIDENTS CAUSED IN THE TERRITORY OF THAT STATE BY VEHICLES NORMALLY BASED IN ANOTHER MEMBER STATE ARE NOT DISCRIMINATORY WITHIN THE MEANING OF ARTICLES 52 AND 59 OF THE TREATY IF THE EXCLUSION OF OTHER CATEGORIES OF UNDERTAKINGS IS NOT BASED ON THE CRITERION OF NATIONALITY .