HANDLING BUREAU , IN IMPLEMENTATION OF SUCH LEGISLATION , TO ACCEPT THE OPTIONAL CLAUSE IN ITS ENTIRETY BUT IN PARTICULAR SUBCLAUSE ( B ) ( III ) OF THAT CLAUSE CANNOT CONSTITUTE AN INFRINGEMENT OF ARTICLES 85 AND 86 OF THE TREATY .
FURTHERMORE NEITHER SUCH LEGISLATION NOR THE FACT THAT THE OPTIONAL CLAUSE WAS NOT ACCEPTED PREVENTS THE HANDLING BUREAU OR ITS MEMBERS FROM HAVING RECOURSE , IF THEY DEEM IT NECESSARY , TO A LOSS-ADJUSTER FOR HIS NORMAL , AUXILIARY BUSINESS , THAT IS TO SAY THE HANDLING AND INVESTIGATION OF ACCIDENT CLAIMS .
24 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 .
25 IT IS FOR THE NATIONAL COURT TO DETERMINE WHETHER THE CONDITIONS FOR THE APPLICATION OF THOSE PROHIBITIONS ARE FULFILLED .
THE THIRD QUESTION
26 THE THIRD QUESTION ASKS WHETHER ARTICLES 7 , 52 AND 59 OF THE TREATY PROHIBIT ANY PROVISION OF NATIONAL LAW OR ANY ACTION THE EFFECT OF WHICH IS DIRECTLY OR INDIRECTLY TO OBSTRUCT IN A MEMBER STATE THE EFFECTIVE CARRYING ON OF THE BUSINESS OF A LOSS-ADJUSTER ESTABLISHED IN THAT MEMBER STATE , EVEN IF THE PROVISION CONCERNS A NATIONAL INSURERS ' BUREAU WITHIN THE MEANING OF THE DEFINITION GIVEN IN DIRECTIVE NO 72/166/EEC OR WHEN THE CONDUCT IS ATTRIBUTABLE TO THAT BUREAU .
27 ARTICLE 7 OF THE TREATY PROHIBITS IN GENERAL TERMS ALL DISCRIMINATION BASED ON NATIONALITY .
IN THE RESPECTIVE SPHERES OF THE RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES ARTICLES 52 AND 59 GUARANTEE THE APPLICATION OF THE PRINCIPLE LAID DOWN BY ARTICLE 7 .
IT FOLLOWS THEREFORE THAT IF RULES ARE COMPATIBLE WITH ARTICLES 52 AND 59 THEY ARE ALSO COMPATIBLE WITH ARTICLE 7 .
28 ARTICLES 52 AND 59 PROHIBIT DIRECTLY ANY DISCRIMINATION BASED ON NATIONALITY .
FOR DISCRIMINATION TO FALL UNDER THE PROHIBITIONS CONTAINED IN THOSE ARTICLES 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 DISCRIMINATION ORIGINATED IN MEASURES OF A PUBLIC AUTHORITY OR , ON THE CONTRARY , IN MEASURES ATTRIBUTABLE TO THE NATIONAL INSURERS ' BUREAUX , THAT IS TO SAY THE BUREAUX ANSWERING TO THE DEFINITION SET OUT IN DIRECTIVE NO 72/166/EEC .
29 NEVERTHELESS THE FACT OF RESERVING TO INSURANCE COMPANIES OR TO SUCH A NATIONAL BUREAU ESTABLISHED IN THE TERRITORY WHERE THE ACCIDENT WAS CAUSED BY A VEHICLE NORMALLY BASED IN ANOTHER MEMBER STATE THE DECISION CONCERNING THE COMPENSATION OF THE