1974 , P . 13 ) RELATING TO THE CERTIFICATE OF INSURANCE KNOWN AS THE ' GREEN CARD ' ,
Grounds
1 BY ORDER OF 29 APRIL 1976 WHICH WAS RECEIVED AT THE COURT REGISTRY ON 27 SEPTEMBER 1976 THE TRIBUNALE CIVILE E PENALE OF MILAN REFERRED TO THE COURT , PURSUANT TO ARTICLE 177 OF THE EEC TREATY , FOUR QUESTIONS RELATING TO THE INTERPRETATION OF COUNCIL DIRECTIVE NO 72/166/EEC OF 24 APRIL 1972 ON THE 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 ( OJ , ENGLISH SPECIAL EDITION 1972 ( II ), P . 360 ), OF COMMISSION RECOMMENDATION NO 73/185/EEC OF 15 MAY 1973 ( OJ L 194 OF 16 . 7 . 1973 , P . 13 ), OF FIRST COMMISSION DECISION NO 74/166/EEC OF 6 FEBRUARY 1974 ( OJ L 87 OF 30 . 3 . 1974 , P . 14 ) AND OF ARTICLES 7 , 52 , 59 , 85 , 86 AND 90 OF THE TREATY .
2 THESE QUESTIONS WERE RAISED IN THE COURSE OF PROCEEDINGS BETWEEN A LOSS-ADJUSTERS ' UNDERTAKING , THE PLAINTIFF IN THE MAIN ACTION , AND THE UFFICIO CENTRALE ITALIANO DI ASSISTENZA ASSICURATIVA AUTOMOBILISTI IN CIRCOLAZIONE INTERNAZIONALE , HEREINAFTER REFERRED TO AS ' THE UCI ' , THE DEFENDANT IN THE MAIN ACTION , WHEREIN THE PLAINTIFF REQUESTED THE NATIONAL COURT TO DECLARE ILLEGAL THE CLAIM MADE BY THE UCI THAT IT COULD ENTRUST THE INVESTIGATION AND SETTLEMENT OF CLAIMS IN RESPECT OF ACCIDENTS CAUSED BY MOTOR VEHICLES INSURED ABROAD SOLELY TO THOSE INSURANCE COMPANIES WHICH ARE AFFILIATED TO THE DEFENDANT AND , CONSEQUENTLY , TO DECLARE ILLEGAL ANY ACTION TAKEN BY THE UCI IN RELATION TO THIRD PERSONS IN ORDER TO RESTRICT THE FREE ACTIVITIES OF THE PLAINTIFF AND TO SEND ITS CUSTOMERS ELSEWHERE .
3 THE UCI IS THE NATIONAL BUREAU , RECOGNIZED BY NATIONAL LEGISLATION , TO WHICH ARE AFFILIATED ALL OR MOST OF THE INSURERS AGAINST CIVIL LIABILITY IN RESPECT OF MOTOR VEHICLES WHO OPERATE IN ITALY AND IT IS RESPONSIBLE UNDER THE SO-CALLED ' GREEN CARD ' SYSTEM FOR COMPENSATION IN RESPECT OF ACCIDENTS CAUSED BY MOTOR VEHICLES INSURED BY FOREIGN INSURANCE COMPANIES IN THE TERMS OF THE AGREEMENTS BETWEEN THE NATIONAL BUREAUX OF COUNTRIES ADOPTING THAT SYSTEM OR , FOLLOWING SUPPLEMENTARY AGREEMENTS , CAUSED BY FOREIGN VEHICLES WHICH ARE NOT INSURED .
GENERAL OBSERVATIONS
4 TWO OBSERVATIONS OF A GENERAL NATURE MAY BE MADE IN RESPECT OF THE QUESTIONS REFERRED , THE FIRST RELATING TO THE MEANING OF THE WORD ' SETTLE ' USED IN THE QUESTIONS AND THE OTHER CONCERNING THE DEVELOPMENT OF THE GREEN CARD SYSTEM IN THE COMMUNITY CONTEXT .
5 ( A ) IN THE TEXT OF THE QUESTIONS WITH REGARD TO LOSS-ADJUSTERS THE ITALIAN COURT REFERS TO THEIR BUSINESS AS BEING THE ' SETTLING ' OF ACCIDENT CLAIMS