RULE , INSURANCE UNDERTAKINGS CONDUCT BUSINESS AS LEADING INSURERS ONLY OCCASIONALLY .
19 IT FOLLOWS THAT THAT REQUIREMENT MAY BE REGARDED AS COMPATIBLE WITH ARTICLES 59 AND 60 OF THE EEC TREATY ONLY IF IT IS ESTABLISHED THAT IN THE FIELD OF ACTIVITY CONCERNED THERE ARE IMPERATIVE REASONS RELATING TO THE PUBLIC INTEREST WHICH JUSTIFY RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES , THAT THE PUBLIC INTEREST IS NOT ALREADY PROTECTED BY THE RULES OF THE STATE OF ESTABLISHMENT AND THAT THE SAME RESULT CANNOT BE OBTAINED BY LESS RESTRICTIVE RULES .
20 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 INSURANCE SECTOR IN GENERAL THERE WERE IMPERATIVE REASONS RELATING TO THE PROTECTION OF THE CONSUMER BOTH AS A POLICY-HOLDER AND AS AN INSURED PERSON WHICH MIGHT JUSTIFY RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES . THE COURT ALSO RECOGNIZED THAT IN THE PRESENT STATE OF COMMUNITY LAW , IN PARTICULAR WITH REGARD TO THE COORDINATION OF THE RELEVANT NATIONAL RULES , THE PROTECTION OF THAT INTEREST WAS NOT NECESSARILY GUARANTEED BY THE RULES OF THE STATE OF ESTABLISHMENT . THE COURT CONCLUDED THEREFROM THAT , AS REGARDS THE FIELD OF DIRECT INSURANCE IN GENERAL , THE REQUIREMENT OF A SEPARATE AUTHORIZATION GRANTED BY THE AUTHORITIES OF THE STATE IN WHICH THE SERVICE WAS PROVIDED REMAINED JUSTIFIED SUBJECT TO CERTAIN CONDITIONS . ON THE OTHER HAND , THE COURT CONSIDERED THAT THE REQUIREMENT OF AN ESTABLISHMENT , WHICH REPRESENTED THE VERY NEGATION OF THE FREEDOM TO PROVIDE SERVICES , EXCEEDED WHAT WAS NECESSARY TO ATTAIN THE OBJECTIVE PURSUED AND THAT , ACCORDINGLY , THAT REQUIREMENT WAS CONTRARY TO ARTICLES 59 AND 60 OF THE TREATY .
21 AS REGARDS MORE SPECIFICALLY CO-INSURANCE , THE COURT HELD IN THE SAME JUDGMENT THAT IT WAS ALSO CONTRARY TO ARTICLES 59 AND 60 OF THE TREATY TO REQUIRE THE LEADING INSURER TO BE ESTABLISHED IN THE STATE IN WHICH THE SERVICE WAS PROVIDED .
22 IN THOSE CIRCUMSTANCES THE REQUIREMENT IMPOSED BY THE DANISH LEGISLATION THAT THE LEADING INSURER MUST HAVE A PERMANENT ESTABLISHMENT IN THE STATE IN WHICH THE SERVICE IS PROVIDED , WHICH REQUIREMENT IS THE SOLE SUBJECT OF THE FIRST HEAD OF CLAIM , CANNOT BE JUSTIFIED IN RESPECT OF AN INSURANCE UNDERTAKING WHICH IS ESTABLISHED AND AUTHORIZED IN ANOTHER MEMBER STATE AND WHICH WISHES TO CONDUCT ITS BUSINESS AS A LEADING INSURER PURSUANT TO DIRECTIVE 78/473 SOLELY IN THE CONTEXT OF THE PROVISION OF SERVICES . SUCH A REQUIREMENT IS CONTRARY TO ARTICLES 59 AND 60 OF THE TREATY .
23 IT MUST THEREFORE BE HELD THAT THE KINGDOM OF DENMARK HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 59 AND 60 OF THE EEC TREATY BY REQUIRING COMMUNITY INSURANCE UNDERTAKINGS TO BECOME ESTABLISHED IN DENMARK IN ORDER TO BE ABLE TO PROVIDE COMMUNITY CO-INSURANCE SERVICES THERE AS LEADING INSURERS .
B - THE COMMISSION ' S SECOND HEAD OF