CLAIM 24 IN THE COURSE OF THE PROCEEDINGS BEFORE THE COURT , THE COMMISSION STATED THAT ITS SECOND HEAD OF CLAIM WAS NOT DIRECTED AGAINST THE LEVEL OF THRESHOLDS FIXED IN DENMARK FOR CERTAIN RISKS WHICH ARE THE SUBJECT OF COMMUNITY CO-INSURANCE NOR AGAINST THE FACT THAT THAT LEVEL WAS FIXED BY DENMARK UNILATERALLY , BUT AGAINST THE VERY EXISTENCE OF SUCH THRESHOLDS . THAT HEAD OF CLAIM IS THEREFORE BASED ON THE COMMISSION ' S GENERAL PROPOSITION THAT ANY REQUIREMENT OF AUTHORIZATION AND ESTABLISHMENT IN RELATION TO THE FREEDOM TO PROVIDE SERVICES IN THE INSURANCE SECTOR IS CONTRARY TO ARTICLES 59 AND 60 OF THE TREATY . SINCE , IN THE COMMISSION ' S VIEW , THERE CAN BE NO DIFFERENCE , WITH REGARD TO THOSE TWO REQUIREMENTS , BETWEEN CO-INSURANCE WHICH IS SUBJECT TO THE PROVISIONS OF DIRECTIVE 78/473 AND CO-INSURANCE WHICH IS NOT , MEMBER STATES CANNOT , WHEN THEY TRANSPOSE THE DIRECTIVE INTO NATIONAL LAW , LIMIT EXEMPTION FROM THE REQUIREMENTS OF ESTABLISHMENT AND AUTHORIZATION TO CO-INSURERS WHO CONDUCT INSURANCE BUSINESS WHICH , ACCORDING TO THE VIEW OF EACH STATE , COMES WITHIN THE SCOPE OF THE DIRECTIVE .
25 IN THAT RESPECT IT SHOULD BE RECALLED THAT IN ITS JUDGMENT DELIVERED THIS DAY IN CASE 205/84 COMMISSION V FEDERAL REPUBLIC OF GERMANY ( 1986 ) ECR 3793 THE COURT HELD THAT IN THE COMMUNITY CO-INSURANCE SECTOR TO WHICH DIRECTIVE 78/473 REFERRED BOTH THE REQUIREMENT OF AUTHORIZATION AND THE REQUIREMENT OF ESTABLISHMENT WERE CONTRARY TO COMMUNITY LAW , WHEREAS , OUTSIDE THAT SECTOR AND IN THE PRESENT STATE OF COMMUNITY LAW THE REQUIREMENT OF AUTHORIZATION MUST BE REGARDED AS JUSTIFIED . IT MUST THEREFORE BE RECOGNIZED THAT IT IS NECESSARY TO ESTABLISH A CLEAR CRITERION FOR DISTINGUISHING BETWEEN COMMUNITY CO-INSURANCE AND OTHER INSURANCE BUSINESS ; THE CONTESTED THRESHOLDS REPRESENT JUST SUCH A CRITERION . SINCE THE EXISTENCE OF SUCH THRESHOLDS IS ACCORDINGLY JUSTIFIED , THE HEAD OF CLAIM IS NOT FOUNDED .
26 IT FOLLOWS THAT THE COMMISSION ' S SECOND HEAD OF CLAIM MUST FAIL .
C - THE COMMISSION ' S THIRD HEAD OF CLAIM 27 THE THIRD HEAD OF CLAIM COMPRISES TWO ELEMENTS . IN THE FIRST PLACE , THE COMMISSION WOULD SEEM TO REGARD AS CONTRARY TO THE TREATY THE MERE FACT THAT THE DANISH LEGISLATION REQUIRES INSURANCE UNDERTAKINGS ESTABLISHED IN DENMARK AND DANISH BRANCHES OF INSURANCE UNDERTAKINGS ESTABLISHED IN ANOTHER MEMBER STATE TO OBTAIN A SPECIAL AUTHORIZATION IN ORDER TO BE ABLE TO PROVIDE SERVICES IN OTHER MEMBER STATES . SECONDLY , THE COMMISSION MAINTAINS THAT THE CONDITIONS FOR OBTAINING THAT AUTHORIZATION ARE MORE RIGOROUS FOR DANISH BRANCHES OF INSURANCE UNDERTAKINGS ESTABLISHED IN ANOTHER MEMBER STATE THAN FOR INSURANCE UNDERTAKINGS ESTABLISHED WITHIN DANISH TERRITORY , AND THAT THAT DIFFERENCE OF TREATMENT CONSTITUTES AN INFRINGEMENT OF COMMUNITY LAW .
28 WITH REGARD TO THE FIRST COMPLAINT , IT MUST BE STATED THAT NO PROVISION OF COMMUNITY LAW PREVENTS A MEMBER STATE FROM REQUIRING INSURANCE UNDERTAKINGS AND THEIR BRANCHES WHICH ARE ESTABLISHED ON