SYSTEM .
IN GIVING TO THE NATIONAL BUREAU WHOSE MEMBERS ARE INSURANCE COMPANIES THE EXCLUSIVE RIGHT TO SETTLE ITSELF ACCIDENT CLAIMS WITHIN THE MEANING REFERRED TO ABOVE , OR TO ENTRUST SETTLEMENT TO ONE OF ITS MEMBERS , THE MEMBER STATE DOES NOT LAY DOWN ANY MEASURE CONTRARY TO THE RULES OF THE TREATY IN PARTICULAR ARTICLE 90 IN CONJUNCTION WITH ARTICLES 85 AND 86 SO LONG AS SUCH EXCLUSIVITY DOES NOT CONFLICT WITH THE FREEDOM OF THE INSURER TO WHOM THE SETTLEMENT IS ENTRUSTED TO RELY , FOR THE PURPOSES OF THE INVESTIGATION OF THE ACCIDENT CLAIM , ON ANOTHER UNDERTAKING SPECIALIZED IN SUCH MATTERS WHICH IS NOT A MEMBER OF THE BUREAU .
19 IN THE VIEW OF THE PLAINTIFF IN THE MAIN ACTION THE REFUSAL OF THE ITALIAN BUREAU TO INCORPORATE IN ITS AGREEMENTS THE OPTIONAL CLAUSE SO THAT MEMBERS OF THE FOREIGN BUREAU ARE DENIED THE OPPORTUNITY OF CHOOSING AS THEIR CORRESPONDENT IN ITALY FOR THE HANDLING AND SETTLEMENT OF CLAIMS , AN ORGANIZATION OF THE KIND REFERRED TO UNDER ( B ) ( III ) OF THAT CLAUSE , CONSTITUTES A DECISION , BY AN ASSOCIATION OF INSURANCE UNDERTAKINGS , PROHIBITED BY ARTICLE 85 ( 1 ) OF THE TREATY .
20 WHERE THE NATIONAL LEGISLATION RESTRICTS THE BUSINESS OF INSURANCE , INCLUDING THE DECISION CONCERNING THE COMPENSATION OF ACCIDENT VICTIMS EXCLUSIVELY TO INSURERS , THE ADOPTION OF THAT OPTIONAL CLAUSE WOULD ENABLE THE FOREIGN INSURER TO EVADE THE SAID LEGISLATION BY MEANS OF A LOSS-ADJUSTER .
FURTHERMORE WHERE THE NATIONAL LEGISLATION SPECIFIES THAT LIABILITY TO PERSONS INJURED IS ALWAYS BORNE BY THE HANDLING BUREAU THE ABANDONMENT OF THE HANDLING AND SETTLEMENT OF A CLAIM TO AN ORGANIZATION WHICH IS NOT A MEMBER OF THE BUREAU AND WHICH DOES NOT DO THE BUSINESS OF AN INSURER WOULD RUN CONTRARY TO THE NATIONAL LEGISLATION .
ON THE OTHER HAND THERE IS NOTHING IN THE AGREEMENT BETWEEN BUREAUX TO EXCLUDE THE COLLABORATION OF LOSS-ADJUSTERS IN THEIR NORMAL AUXILIARY BUSINESS OF THE SETTLEMENT OF CLAIMS IN RESPECT OF ACCIDENTS CAUSED BY FOREIGN VEHICLES .
21 CONSEQUENTLY IN THIS RESPECT THE AGREEMENT DOES NOT INFRINGE EITHER ARTICLE 85 OR ARTICLE 86 OF THE TREATY .
22 A NATIONAL PROVISION OR AN AGREEMENT BETWEEN NATIONAL BUREAUX ESTABLISHED IN THE CONTEXT OF THE GREEN CARD SYSTEM WHICH DECLARES THAT THE NATIONAL BUREAU BEARS SOLE RESPONSIBILITY FOR THE SETTLEMENT OF CLAIMS FOR DAMAGE CAUSED IN THE TERRITORY OF THAT MEMBER STATE BY VEHICLES INSURED BY FOREIGN INSURANCE COMPANIES BUT WHICH STILL ALLOWS THE NATIONAL BUREAU OR ITS MEMBERS TO RELY ON UNDERTAKINGS WHOSE BUSINESS CONSISTS SOLELY IN THE SETTLEMENT OF ACCIDENT CLAIMS ON BEHALF OF INSURERS IN THE SENSE OF THE HANDLING AND INVESTIGATION OF CLAIMS , IS NOT INCOMPATIBLE WITH ARTICLE 90 ( 1 ) OF THE TREATY IN CONJUNCTION WITH ARTICLES 85 AND 86 .
DECISIONS AND CONCERTED PRACTICES
23 AS SUCH NATIONAL LEGISLATION IS NOT INCOMPATIBLE WITH THE PROVISIONS OF THE TREATY RELATING TO COMPETITION THE REFUSAL OF THE