OUT OF BUSINESS IN VIEW OF THE SPECIAL CHARACTERISTICS OF THAT INDUSTRY .
8 IN THAT RESPECT THE APPLICANT AND THE INTERVENER STATE THAT A CONTRACT OF INSURANCE DIFFERS FROM OTHER CONTRACTS IN THE FACT THAT PERFORMANCE BY ONE OF THE CONTRACTING PARTIES IS DEPENDENT ON A COMPLETELY UNCERTAIN FACTOR, NAMELY THE MATERIALIZATION OF THE INSURED RISK; VARIATIONS IN THE OCCURRENCE OF CLAIMS IN CERTAIN FIELDS, IN PARTICULAR IN THE SPHERE OF INDUSTRIAL FIRE RISKS, REQUIRE COOPERATION RATHER THAN UNLIMITED COMPETITION BETWEEN INSURERS FOR THE PURPOSE OF CALCULATING THE NECESSARY RESERVES AND ENSURING THAT INCOME AND EXPENSES BALANCE SO THAT THERE IS NO RISK OF INSOLVENCY . FROM THAT POINT OF VIEW THE PROTECTION OF THE INSURED PERSON IS OF PARTICULAR IMPORTANCE SINCE HE PERFORMS HIS PART OF THE CONTRACT, NAMELY THE PAYMENT OF THE PREMIUMS, WITHOUT BEING SURE THAT WHEN THE TIME COMES THE INSURER WILL BE IN A POSITION TO MAKE GOOD THE LOSS COVERED BY THE CONTRACT OF INSURANCE .
9 THEY POINT OUT THAT THOSE CHARACTERISTICS OF THE INSURANCE INDUSTRY HAVE LED THE NATIONAL LEGISLATURES TO LAY DOWN SPECIAL PROVISIONS FOR THAT INDUSTRY . ACCORDINGLY, GERMAN LEGISLATION PROVIDES FOR A GENERAL SYSTEM OF SUPERVISION OF INSURANCE COMPANIES, THE REQUIREMENT THAT FOREIGN INSURERS MUST BE AUTHORIZED TO CARRY ON AN INSURANCE BUSINESS IN THE FEDERAL REPUBLIC AND SPECIAL RULES CONCERNING THE IMPACT OF THE SUPERVISORY SYSTEM ON COMPETITION LAW . PARAGRAPH 102 OF THE GESETZ GEGEN WETTBEWERBSCHRAENKUNGEN (( LAW AGAINST RESTRAINTS ON COMPETITION )) PROVIDES THAT THE GENERAL PROHIBITION OF AGREEMENTS AND DECISIONS RESTRICTING COMPETITION DOES NOT APPLY WHERE THE AGREEMENTS AND DECISIONS ARE LINKED TO MATTERS WHICH ARE SUBJECT TO SUPERVISION BY THE BUNDESAUFSICHTSAMT FUER DAS VERSICHERUNGSWESEN (( FEDERAL SUPERVISORY OFFICE FOR THE INSURANCE INDUSTRY )). THE AUTHORITY WITH JURISDICTION IN COMPETITION MATTERS, THE BUNDESKARTELLAMT (( FEDERAL CARTEL OFFICE )), CAN INTERVENE ONLY IN CASES WHERE THE AGREEMENTS OR DECISIONS IN QUESTION CONSTITUTE ABUSE OF AN EXISTING MARKET POSITION .
10 THE APPLICANT AND THE INTERVENER CONCLUDE FROM THE FOREGOING THAT UNTIL THE ADOPTION BY THE COUNCIL UNDER ARTICLE 87 ( 2 ) ( C ) OF THE EEC TREATY OF SPECIAL PROVISIONS RELATING TO INSURANCE THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ) OF THAT TREATY DOES NOT APPLY TO THE INSURANCE INDUSTRY AND THAT THE COMMISSION CANNOT, BY APPLYING THAT PROHIBITION, CONTRIBUTE TO THE CREATION OF A POSITION WHICH ARTICLE 87 ( 2 ) ( C ) INTENDED TO AVOID .
11 THE COMMISSION, WHILST DOUBTING WHETHER ARTICLE 87 ( 2 ) ( C ) CAN CONSTITUTE AUTHORITY FOR THE COUNCIL TO RESTRICT THE APPLICATION OF THE COMPETITION RULES LAID DOWN IN THE TREATY, CONFINES ITSELF TO POINTING OUT THAT THE COUNCIL HAS ADOPTED NO SPECIAL PROVISIONS RELATING TO INSURANCE ON THE BASIS OF ARTICLE 87 ( 2 ) ( C ), THAT IN PRINCIPLE THE COMPETITION RULES ARE APPLICABLE TO ALL BRANCHES OF THE ECONOMY AND THAT THEREFORE THOSE RULES APPLY WITHOUT RESTRICTION TO THE INSURANCE INDUSTRY .
12 IT SHOULD BE