BUREAUX SET UP IN THE FRAMEWORK OF THE INTERNATIONAL INSURANCE CARD SYSTEM ( ' ' GREEN CARD SYSTEM ' ' ). ONE OF THE CHARACTERISTICS OF THE SYSTEM IS THAT IT IS BASED ON PRIVATE LAW AGREEMENTS BETWEEN THE NATIONAL INSURERS ' BUREAUX , ON THE BASIS OF A STANDARD CONTRACT CALLED THE ' ' UNIFORM AGREEMENT BETWEEN BUREAUX ' ' . BY VIRTUE OF THOSE AGREEMENTS , EACH NATIONAL BUREAU UNDERTAKES , ON THE ONE HAND , TO SETTLE , IN ITS OWN COUNTRY , CLAIMS IN RESPECT OF ACCIDENTS CAUSED BY VEHICLES REGISTERED IN THE OTHER MEMBER COUNTRIES , AND ON THE OTHER HAND , TO REIMBURSE FOREIGN BUREAUX WHICH HAVE SETTLED CLAIMS IN RESPECT OF ACCIDENTS CAUSED BY VEHICLES INSURED IN ITS OWN COUNTRY .
4 ON 21 AUGUST 1976 , AT ATHIS ( BELGIUM ), A CAR INSURED WITH LES ASSURANCES POPULAIRES IN BELGIUM AND OWNED BY MR FANTOZZI , A BELGIAN NATIONAL , WAS DAMAGED THROUGH THE PROVEN NEGLIGENCE OF THE DRIVER OF A STOLEN CAR REGISTERED IN FRANCE .
5 THE FRENCH INSURANCE COMPANY WHICH HAD INSURED THAT CAR AGAINST CIVIL LIABILITY DENIED LIABILITY ON THE BASIS OF THE TERMS OF ITS POLICY WHICH EXCLUDED COVER IN CASE OF THEFT . CONSEQUENTLY , MR FANTOZZI AND LES ASSURANCES POPULAIRES HAD RECOURSE AGAINST BUREAU BELGE DES ASSUREURS AUTOMOBILES AND REQUESTED THE TRIBUNAL DE PREMIERE INSTANCE , MONS , TO ORDER IT TO PAY DAMAGES IN RESPECT OF THE LOSS WHICH THEY HAD SUSTAINED .
6 THE TRIBUNAL ALLOWED THAT CLAIM BY A JUDGMENT OF 26 JANUARY 1979 . BUREAU BELGE DES ASSUREURS AUTOMOBILES APPEALED , MAINTAINING ESSENTIALLY THAT THE TRIBUNAL HAD INCORRECTLY INTERPRETED BELGIAN LAW .
7 THE COUR D ' APPEL , MONS , NOTED THAT THE NATIONAL LEGISLATION , AND IN PARTICULAR THE LAW OF 4 JULY 1972 , HAD BEEN ADOPTED PURSUANT TO DIRECTIVE 72/166 AND THAT , IN ITS VIEW , THAT DIRECTIVE GRANTED A MORE FAVOURABLE STATUS TO VEHICLES NORMALLY BASED WITHIN THE TERRITORY OF A MEMBER STATE , BECAUSE SUCH VEHICLES WERE TO BE ADMITTED INTO BELGIUM WITHOUT AN INTERNATIONAL INSURANCE CERTIFICATE , ON CONDITION THAT THE BUREAU APPOINTED FOR THAT PURPOSE GUARANTEED THE SETTLEMENT OF CLAIMS IN RESPECT OF DAMAGE CAUSED IN BELGIUM BY THOSE VEHICLES IRRESPECTIVE OF WHETHER THE OBLIGATION TO EFFECT INSURANCE HAD BEN COMPLIED WITH . FURTHERMORE , ARTICLE 2 ( 2 ) OF THAT DIRECTIVE ALSO PROVIDED FOR THE CONCLUSION OF AN AGREEMENT BETWEEN THE SIX NATIONAL INSURERS ' BUREAUX ; SUCH AN AGREEMENT WAS INDEED CONCLUDED ON 16 OCTOBER 1972 .
8 NOTING THAT THE COMMUNITY PROVISIONS IN QUESTION HAVE BEEN THE SUBJECT OF DIFFERING INTERPRETATIONS BY THE BELGIAN AND FRENCH COURTS , THE COUR D ' APPEL , MONS , ASKED THE COURT OF JUSTICE FOR A PRELIMINARY RULING ON THE FOLLOWING QUESTION :
' ' DOES IT FOLLOW FROM THE RULES OF COMMUNITY LAW THAT THE DUTY IMPOSED ON NATIONAL INSURERS ' BUREAUX INCLUDES THE DUTY TO PAY COMPENSATION FOR DAMAGE