WHICH PROVIDES THAT A NATURAL PERSON WHO INTENDS TO ACT AS AN INTERMEDIARY WITHIN THE MEANING OF THIS LAW SHALL BE BOUND TO RESIDE IN THE NETHERLANDS .
3 THE GROUNDS OF THE ORDER MAKING THE REFERENCE STATE THAT THE ABOVEMENTIONED PROVISION MUST BE UNDERSTOOD TO MEAN THAT IN ORDER TO CARRY ON THE BUSINESS OF AN INSURANCE INTERMEDIARY IN THE NETHERLANDS A NATURAL PERSON MUST BOTH RESIDE IN THAT COUNTRY AND HAVE AN OFFICE THERE .
4 THE ESSENTIAL AIM OF THE QUESTION REFERRED IS TO DISCOVER WHETHER THE PROVISIONS OF THE TREATY, IN PARTICULAR ARTICLES 59 AND 60, MUST BE INTERPRETED IN SUCH A WAY AS TO PREVENT RULES OF INTERNAL LAW WITHIN THE MEMBER STATES SUBJECTING THE PROVISION OF A SERVICE TO A CONDITION OF RESIDENCE SUCH AS THAT REFERRED TO BY WET ASSURANTIEBEMIDDELING .
5 THE FIRST PARAGRAPH OF ARTICLE 59 OF THE TREATY PROVIDES THAT RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES WITHIN THE COMMUNITY, AS DEFINED IN THE FIRST AND SECOND PARAGRAPHS OF ARTICLE 60 OF THE TREATY, 'SHALL BE PROGRESSIVELY ABOLISHED DURING THE TRANSITIONAL PERIOD IN RESPECT OF NATIONALS OF MEMBER STATES WHO ARE ESTABLISHED IN A STATE OF THE COMMUNITY OTHER THAN THAT OF THE PERSON FOR WHOM THE SERVICES ARE INTENDED '.
6 THE RESTRICTIONS TO BE ABOLISHED PURSUANT TO THIS PROVISION INCLUDE ALL REQUIREMENTS IMPOSED ON THE PERSON PROVIDING THE SERVICE BY REASON IN PARTICULAR OF HIS NATIONALITY OR OF THE FACT THAT HE DOES NOT HABITUALLY RESIDE IN THE STATE WHERE THE SERVICE IS PROVIDED, WHICH RESIDE IN THE STATE WHERE THE SERVICE IS PROVIDED, WHICH DO NOT APPLY TO PERSONS ESTABLISHED WITHIN THE NATIONAL TERRITORY OR WHICH MAY PREVENT OR OTHERWISE OBSTRUCT THE PERSONS PROVIDING THE SERVICE .
7 IN PARTICULAR, A REQUIREMENT THAT THE PERSON PROVIDING THE SERVICE MUST BE HABITUALLY RESIDENT WITHIN THE TERRITORY OF THE STATE WHERE THE SERVICE IS TO BE PROVIDED MAY, ACCORDING TO THE CIRCUMSTANCES, HAVE THE RESULT OF DEPRIVING ARTICLE 59 OF ALL EFFECTIVENESS, IN VIEW OF THE FACT THAT THE PRECISE OBJECT OF THAT ARTICLE IS TO ABOLISH RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES IMPOSED ON PERSONS WHO DO NOT RESIDE IN THE STATE WHERE THE SERVICE IS TO BE PROVIDED .
8 IT MUST BE RECALLED IN THIS RESPECT THAT AS REGARDS THE PERIOD DURING WHICH THE RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES WERE NOT YET ABOLISHED ARTICLE 65 ALREADY STATED THAT EACH MEMBER STATE SHALL APPLY SUCH RESTRICTIONS 'WITHOUT DISTINCTION ON GROUNDS OF ... RESIDENCE' TO ALL PERSONS PROVIDING SERVICES WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 59 .
9 ALTHOUGH, IN THE LIGHT OF THE SPECIAL NATURE OF CERTAIN SERVICES, IT CANNOT BE DENIED THAT A MEMBER STATE IS ENTITLED TO ADOPT MEASURES WHICH ARE INTENDED TO PREVENT THE FREEDOM GUARANTEED BY ARTICLE 59 BEING USED BY A PERSON WHOSE ACTIVITIES ARE ENTIRELY OR CHIEFLY DIRECTED TOWARDS HIS TERRITORY IN ORDER TO AVOID THE PROFESSIONAL RULES WHICH WOULD APPLY TO HIM IF HE RESIDED