BE PROVIDED .
4 . THE FREEDOM TO PROVIDE SERVICES , AS ONE OF THE FUNDAMENTAL PRINCIPLES OF THE TREATY , MAY BE RESTRICTED ONLY BY PROVISIONS WHICH ARE JUSTIFIED BY THE GENERAL GOOD AND WHICH ARE APPLIED TO ALL PERSONS OR UNDERTAKINGS OPERATING WITHIN THE TERRITORY OF THE STATE IN WHICH THE SERVICE IS PROVIDED IN SO FAR AS THAT INTEREST IS NOT SAFEGUARDED BY THE PROVISIONS TO WHICH THE PROVIDER OF A SERVICE IS SUBJECT IN THE MEMBER STATE OF HIS ESTABLISHMENT . IN ADDITION , SUCH REQUIREMENTS MUST BE OBJECTIVELY JUSTIFIED BY THE NEED TO ENSURE THAT PROFESSIONAL RULES OF CONDUCT ARE COMPLIED WITH AND THAT THE INTERESTS WHICH SUCH RULES ARE DESIGNED TO SAFEGUARD ARE PROTECTED .
5 . IN THE INSURANCE SECTOR IN GENERAL THERE ARE IMPERATIVE REASONS RELATING TO THE PROTECTION OF THE CONSUMER BOTH AS A POLICY-HOLDER AND AS AN INSURED PERSON WHICH MAY JUSTIFY RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES . IN THE PRESENT STATE OF COMMUNITY LAW , IN PARTICULAR WITH REGARD TO THE COORDINATION OF THE RELEVANT NATIONAL RULES , THE PROTECTION OF THAT INTEREST IS NOT NECESSARILY GUARANTEED BY THE RULES OF THE STATE OF ESTABLISHMENT . IT FOLLOWS THAT , AS REGARDS THE SECTOR OF DIRECT INSURANCE IN GENERAL , THE REQUIREMENT OF A SEPARATE AUTHORIZATION GRANTED BY THE AUTHORITIES OF THE STATE IN WHICH THE SERVICE IS PROVIDED REMAINS JUSTIFIED SUBJECT TO CERTAIN CONDITIONS . ON THE OTHER HAND , THE REQUIREMENT OF AN ESTABLISHMENT , WHICH REPRESENTS THE VERY NEGATION OF THE FREEDOM TO PROVIDE SERVICES , EXCEEDS WHAT IS NECESSARY TO ATTAIN THE OBJECTIVE PURSUED AND , ACCORDINGLY , THAT REQUIREMENT IS CONTRARY TO ARTICLES 59 AND 60 OF THE TREATY . AS REGARDS MORE SPECIFICALLY CO-INSURANCE , THE POSITION OF THE LEADING INSURER REFERRED TO IN DIRECTIVE 78/473 CAN BE CLEARLY DISTINGUISHED FROM THAT OF INSURERS IN GENERAL AND , CONSEQUENTLY , NEITHER THE REQUIREMENT OF AN ESTABLISHMENT , NOR EVEN THAT OF AN AUTHORIZATION , IN THE STATE IN WHICH THE SERVICE IS PROVIDED MAY BE REGARDED AS COMPATIBLE WITH ARTICLES 59 AND 60 OF THE EEC TREATY .
6 . NO PROVISION OF COMMUNITY LAW PREVENTS A MEMBER STATE FROM REQUIRING INSURANCE UNDERTAKINGS AND THEIR BRANCHES WHICH ARE ESTABLISHED ON ITS TERRITORY TO OBTAIN AN AUTHORIZATION NOT ONLY IN RESPECT OF BUSINESS CONDUCTED ON ITS TERRITORY BUT ALSO FOR BUSINESS CONDUCTED IN OTHER MEMBER STATES IN THE CONTEXT OF THE PROVISION OF SERVICES . ON THE CONTRARY , SUCH A REQUIREMENT DOES CONFORM TO THE PRINCIPLES LAID OUT IN DIRECTIVE 73/239 . THE DIRECTIVE IS BASED ON THE PRINCIPLE THAT THE STATE OF ESTABLISHMENT IS AUTHORIZED TO TAKE INTO ACCOUNT ALL THE BUSINESS ACTIVITIES OF UNDERTAKINGS CONSTITUTED WITHIN ITS TERRITORY IN ORDER TO BE ABLE TO CARRY OUT AN EFFECTIVE SUPERVISION OF THE CONDITIONS IN WHICH SUCH ACTIVITIES ARE PURSUED .
Parties
IN CASE 252/83
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED UNTIL 30 JANUARY 1985 BY ERICH ZIMMERMANN AND FROM