IS ESTABLISHED IN ANOTHER MEMBER STATE , AUTHORIZED BY THE SUPERVISORY AUTHORITY OF THAT STATE AND SUBJECT TO THE SUPERVISION OF THAT AUTHORITY , MUST HAVE A PERMANENT ESTABLISHMENT WITHIN THE TERRITORY OF THE STATE IN WHICH THE SERVICE IS PROVIDED AND THAT HE MUST OBTAIN A SEPARATE AUTHORIZATION FROM THE SUPERVISORY AUTHORITY OF THAT STATE , CONSTITUTE RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES INASMUCH AS THEY INCREASE THE COST OF SUCH SERVICES IN THE STATE IN WHICH THEY ARE PROVIDED , IN PARTICULAR WHERE THE INSURER CONDUCTS BUSINESS IN THAT STATE ONLY OCCASIONALLY .
29 IT FOLLOWS THAT THOSE REQUIREMENTS 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 .
( A ) THE EXISTENCE OF AN INTEREST JUSTIFYING CERTAIN RESTRICTIONS ON THE FREEDOM TO PROVIDE INSURANCE SERVICES
30 AS THE GERMAN GOVERNMENT AND THE PARTIES INTERVENING IN ITS SUPPORT HAVE MAINTAINED , WITHOUT BEING CONTRADICTED BY THE COMMISSION OR THE UNITED KINGDOM AND NETHERLANDS GOVERNMENTS , THE INSURANCE SECTOR IS A PARTICULARLY SENSITIVE AREA FROM THE POINT OF VIEW OF THE PROTECTION OF THE CONSUMER BOTH AS A POLICY-HOLDER AND AS AN INSURED PERSON . THIS IS SO IN PARTICULAR BECAUSE OF THE SPECIFIC NATURE OF THE SERVICE PROVIDED BY THE INSURER , WHICH IS LINKED TO FUTURE EVENTS , THE OCCURRENCE OF WHICH , OR AT LEAST THE TIMING OF WHICH , IS UNCERTAIN AT THE TIME WHEN THE CONTRACT IS CONCLUDED . AN INSURED PERSON WHO DOES NOT OBTAIN PAYMENT UNDER A POLICY FOLLOWING AN EVENT GIVING RISE TO A CLAIM MAY FIND HIMSELF IN A VERY PRECARIOUS POSITION . SIMILARLY , IT IS AS A RULE VERY DIFFICULT FOR A PERSON SEEKING INSURANCE TO JUDGE WHETHER THE LIKELY FUTURE DEVELOPMENT OF THE INSURER ' S FINANCIAL POSITION AND THE TERMS OF THE CONTRACT , USUALLY IMPOSED BY THE INSURER , OFFER HIM SUFFICIENT GUARANTEES THAT HE WILL RECEIVE PAYMENT UNDER THE POLICY IF A CLAIMABLE EVENT OCCURS .
31 IT MUST ALSO BE BORNE IN MIND , AS THE GERMAN GOVERNMENT HAS POINTED OUT , THAT IN CERTAIN FIELDS INSURANCE HAS BECOME A MASS PHENOMENON . CONTRACTS ARE CONCLUDED BY SUCH ENORMOUS NUMBERS OF POLICY-HOLDERS THAT THE PROTECTION OF THE INTERESTS OF INSURED PERSONS AND INJURED THIRD PARTIES AFFECTS VIRTUALLY THE WHOLE POPULATION .
32 THOSE SPECIAL CHARACTERISTICS , WHICH ARE PECULIAR TO THE INSURANCE SECTOR , HAVE LED ALL THE MEMBER STATES TO INTRODUCE LEGISLATION MAKING INSURANCE UNDERTAKINGS SUBJECT TO MANDATORY RULES BOTH AS REGARDS THEIR FINANCIAL POSITION AND THE CONDITIONS OF INSURANCE WHICH THEY APPLY , AND TO PERMANENT SUPERVISION TO ENSURE THAT THOSE RULES ARE COMPLIED WITH