SOLELY TO AN INCREASE IN THE LEVEL OF PREMIUMS ACTUALLY CHARGED AND NOT TO GROSS LEVELS . NEVERTHELESS, RECOMMENDATIONS WITH REGARD TO GROSS PREMIUMS ARE OBJECTIVELY NECESSARY AND ARE APPLIED THROUGHOUT THE WHOLE WORLD .
57 THAT ARGUMENT IS SUPPORTED BY THE INTERVENER . IT EMPHASIZES THAT THE COMMISSION FAILED TO TAKE INTO ACCOUNT THE EFFECT OF THE RECOMMENDATION ON CLASSES OF INSURANCE OTHER THAN FIRE INSURANCE . AS A RESULT OF THE RE-ESTABLISHMENT OF VIABLE CONDITIONS IN THE FIRE INSURANCE SECTOR THE OTHER CLASSES OF INSURANCE ARE ABLE TO IMPROVE THEIR SERVICES . THE RECOMMENDED INCREASE IN PREMIUMS WAS INTENDED NOT ONLY TO ENSURE THAT CONTRACTS OF INSURANCE AGAINST INDUSTRIAL FIRE RISKS WOULD BE PERFORMED IN THE LONG TERM BUT ALSO TO FREE OTHER CLASSES OF INSURANCE OF EXPENSES FOR WHICH THEY WERE NOT RESPONSIBLE .
58 WITH REGARD TO THOSE ARGUMENTS IT MUST BE EMPHASIZED THAT THE COMMISSION' S TASK UNDER ARTICLE 85 ( 3 ) IS TO DETERMINE WHETHER THE CONTESTED RECOMMENDATION CONTRIBUTES TO IMPROVING THE PROVISION OF SERVICES ON THE INSURANCE MARKET . IN THAT CONNECTION THE COMMISSION CORRECTLY TOOK THE VIEW THAT ITS TASK WAS NOT MERELY TO CHECK WHETHER THE AIM OF THE RECOMMENDATION WAS TO DEAL WITH THE ACTUAL PROBLEMS CONFRONTING THE MARKET AS A RESULT OF THE CONTINUING FALL IN PREMIUMS FOR INDUSTRIAL FIRE AND CONSEQUENTIAL LOSS INSURANCE AND TO CONSIDER WHETHER THE RECOMMENDATION WAS A PROPER MEANS OF DEALING WITH THAT SITUATION, BUT ALSO TO ASSESS WHETHER THE MEASURES PUT INTO EFFECT BY THE RECOMMENDATION WENT BEYOND WHAT WAS NECESSARY TO THAT END .
59 IN THAT CONNECTION IT IS NOT NECESSARY TO EXAMINE ALL THE ARGUMENTS PUT FORWARD AND THE EXPERT REPORTS PRODUCED TO THE COURT CONCERNING THE EFFECT OF THE RECOMMENDATION ON "GROSS" PREMIUMS AND THE NEED FOR AN ASSOCIATION OF UNDERTAKINGS SEEKING TO RE-ESTABLISH VIABLE CONDITIONS IN THE SECTOR IN QUESTION TO TAKE THE "GROSS" PREMIUMS AS ITS STARTING POINT . THE QUESTION TO BE CONSIDERED IS WHETHER THE COLLECTIVE, FIXED-RATE AND ACROSS-THE-BOARD INCREASE IN PREMIUMS WAS JUSTIFIED BY THE OBJECTIVE PURSUED .
60 BY REASON OF ITS GENERAL AND UNDIFFERENTIATED NATURE THE INCREASE INVOLVED A RISE IN PREMIUM RATES WHICH ENCOMPASSED NOT ONLY COVER FOR THE EXPENSES RESULTING FROM INSURANCE CLAIMS BUT ALSO THE OPERATING COSTS OF THE INSURANCE COMPANIES . IT IS APPARENT FROM THE DOCUMENTS BEFORE THE COURT THAT THERE WERE CONSIDERABLE DIFFERENCES IN THE LEVEL OF OPERATING COSTS BETWEEN DIFFERENT INSURANCE COMPANIES . THE GLOBAL NATURE OF THE INCREASE WAS THEREFORE LIKELY TO RESULT IN RESTRICTIONS ON COMPETITION GOING BEYOND WHAT WAS NECESSARY TO ACHIEVE THE INTENDED OBJECTIVE .
61 BY TAKING THE VIEW THAT IN THOSE CIRCUMSTANCES THE DISADVANTAGES ARISING FROM THE SOLUTION CHOSEN WERE, FROM THE POINT OF VIEW OF COMPETITION LAW, GREATER THAN THE ADVANTAGES AND THAT, CONSEQUENTLY, THERE WAS NO IMPROVEMENT IN THE PROVISION OF SERVICES IN THE INSURANCE MARKET, THE COMMISSION DID NOT EXCEED THE LIMITS OF THE DISCRETION VESTED IN IT IN CONNECTION WITH THE APPLICATION OF ARTICLE