APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO INSURANCE AGAINST CIVIL LIABILITY IN RESPECT OF THE USE OF MOTOR VEHICLES , AND TO THE ENFORCEMENT OF THE OBLIGATION TO INSURE AGAINST SUCH LIABILITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION , 1972 , ( II ), P . 360 ).
2 THAT QUESTION WAS RAISED IN THE CONTEXT OF PROCEEDINGS BETWEEN THE BUREAU CENTRAL FRANCAIS DES SOCIETES D ' ASSURANCE CONTRE LES ACCIDENTS D ' AUTOMOBILE , HEREINAFTER REFERRED TO AS ' ' THE BUREAU ' ' , AND THE FONDS DE GARANTIE AUTOMOBILE , HEREINAFTER REFERRED TO AS ' ' THE FUND ' ' , WHICH WAS SET UP TO COVER CLAIMS IN RESPECT OF ACCIDENTS CAUSED BY UNINSURED VEHICLES , FOR WHICH THE BUREAU WAS NOT LIABLE .
3 THE BUREAU IS ONE OF THE NATIONAL BUREAUX SET UP IN THE FRAMEWORK OF THE INTERNATIONAL INSURANCE CARD SYSTEM ( ' ' GREEN CARD SYSTEM ' ' ). ONE OF THE CHARACTERISTICS OF THE SYSTEM IS THAT IT IS BASED UPON AGREEMENTS UNDER PRIVATE LAW CONCLUDED BILATERALLY BETWEEN THE NATIONAL INSURERS ' BUREAUX ACCORDING TO A STANDARD FORM CALLED THE ' ' UNIFORM AGREEMENT BETWEEN BUREAUX ' ' . BY VIRTUE OF THOSE AGREEMENTS , EACH NATIONAL BUREAU UNDERTAKES , ON THE ONE HAND , TO SETTLE , IN ITS OWN COUNTRY , CLAIMS IN RESPECT OF ACCIDENTS CAUSED BY VEHICLES REGISTERED IN THE OTHER MEMBER COUNTRIES , WHICH HAVE A GREEN CARD , AND , ON THE OTHER , TO REIMBURSE FOREIGN BUREAUX WHICH HAVE SETTLED CLAIMS IN RESPECT OF ACCIDENTS CAUSED BY VEHICLES INSURED IN ITS OWN COUNTRY .
4 ON 18 JULY 1976 A CAR BEARING A GERMAN NUMBER PLATE WAS IN COLLISION NEAR FONTVIEILLE ( BOUCHES-DU-RHONE , FRANCE ), WITH ANOTHER VEHICLE REGISTERED IN FRANCE .
5 THE OWNER OF THE FRENCH VEHICLE COMMENCED PROCEEDINGS FOR COMPENSATION BEFORE THE TRIBUNAL DE GRANDE INSTANCE ( REGIONAL COURT ), TARASCON , AGAINST A MR BUCHWIESER WHO , AFTER THE ACCIDENT , PRESENTED HIMSELF TO THE POLICE AS OWNER OF THE GERMAN VEHICLE BUT WHO HAS NOT SINCE BEEN TRACED , AND AGAINST THE BUREAU , RELYING ON AN AGREEMENT CONCLUDED ON 7 OCTOBER 1972 BETWEEN THE NATIONAL BUREAUX PURSUANT TO ARTICLE 2 ( 2 ) OF DIRECTIVE NO 72/116 .
6 IN THE COURSE OF THE PROCEEDINGS BEFORE THAT COURT , IT EMERGED THAT THE GERMAN VEHICLE HAD BEEN STOLEN AND , CONSEQUENTLY , ITS REGISTRATION IN THE FEDERAL REPUBLIC OF GERMANY HAD BEEN CANCELLED .
7 IN THOSE CONDITIONS , THE BUREAU RELIED UPON THE TERMS OF ARTICLE 2 ( 2 ) OF DIRECTIVE NO 72/166 , ACCORDING TO WHICH THE NATIONAL BUREAU GUARANTEES THE SETTLEMENT OF CLAIMS ONLY ' ' IN ACCORDANCE WITH THE PROVISIONS OF NATIONAL LAW ON COMPULSORY INSURANCE ' ' . SINCE THE VEHICLE IN QUESTION HAD BEEN STOLEN AND SINCE FRENCH LAW EXCLUDES FROM COMPULSORY MOTOR-VEHICLE INSURANCE LIABILITY ON THE PART OF AN UNAUTHORIZED PERSON WHO USES OR HAS