AGAINST CIVIL LIABILITY IN RESPECT OF VEHICLES WHICH ARE NORMALLY BASED IN THE EUROPEAN TERRITORY OF ANOTHER MEMBER STATE AND WHICH ARE THE SUBJECT OF THE AGREEMENT OF NATIONAL INSURERS ' BUREAUX OF 12 DECEMBER 1973 . '
13 THUS THE OBJECTIVE OF THE AFOREMENTIONED DIRECTIVE , NAMELY TO FACILITATE THE FREE MOVEMENT OF GOODS AND OF PERSONS , HAS BEEN ACHIEVED BY MEANS OF THE SAID AGREEMENTS AND THE SAID DECISION .
THE FIRST QUESTION
14 THIS QUESTION SEEKS TO ASCERTAIN WHETHER THE SAID DIRECTIVE , RECOMMENDATION AND DECISION MUST BE INTERPRETED AS AUTHORIZING PROVISIONS OF NATIONAL LAW , AGREEMENTS , DECISIONS AND PRACTICES AGREED BETWEEN NATIONAL INSURERS ' BUREAUX OR ACTION BY ANY INDIVIDUAL NATIONAL BUREAU OR OF THE UNDERTAKINGS AFFILIATED THERETO WHICH HAVE AS THEIR OBJECT OR EFFECT THE RESTRICTION OF THE BUSINESS OF LOSS-ADJUSTERS IN THE SPHERE OF THE SETTLEMENT OF CLAIMS IN RESPECT OF ACCIDENTS CAUSED BY FOREIGN VEHICLES .
15 THE SAID DIRECTIVE , RECOMMENDATION AND DECISION SEEKING , AS SET OUT ABOVE , TO ABOLISH CHECKS ON THE GREEN CARD AT FRONTIERS BETWEEN MEMBER STATES CANNOT BE REGARDED AS AUTHORIZING THE EXISTENCE OF NATIONAL PROVISIONS OR AGREEMENTS BETWEEN NATIONAL INSURERS ' BUREAUX OR THEIR MEMBERS WHICH ARE INCOMPATIBLE WITH THE PROVISIONS OF THE TREATY RELATING TO COMPETITION , THE RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES .
A FORTIORI THEY MAY NOT AUTHORIZE ANY AGREEMENTS OR PRACTICES AGREED BETWEEN NATIONAL INSURERS ' BUREAUX OR ANY CONDUCT BY THEM WHICH IS INCOMPATIBLE WITH THE SAID PROVISIONS OF THE TREATY .
THE SECOND QUESTION
16 THE SECOND QUESTION SEEKS TO ASCERTAIN WHETHER THE PROVISIONS OF ARTICLES 85 , 86 AND 90 OF THE TREATY RELATING TO COMPETITION PROHIBIT ANY PROVISION OF NATIONAL LAW , ANY AGREEMENT BETWEEN BUREAUX AND ANY DECISION OR CONCERTED PRACTICE WHICH TENDS TO EXCLUDE LOSS-ADJUSTERS FROM THE SETTLEMENT OF CLAIMS IN RESPECT OF DAMAGE CAUSED BY FOREIGN VEHICLES EVEN THOUGH THEY MAY HAVE BEEN NOMINATED BY THE INSURERS OF THE VEHICLE CAUSING THE DAMAGE WHO ARE BASED IN ITS COUNTRY OF ORIGIN .
17 IT IS NECESSARY TO DEAL SEPARATELY WITH THE NATIONAL PROVISIONS AND THE AGREEMENTS BETWEEN BUREAUX ON THE ONE HAND AND THE DECISIONS AND CONCERTED PRACTICES ON THE OTHER .
NATIONAL PROVISIONS AND AGREEMENTS BETWEEN BUREAUX
18 THE GREEN CARD SYSTEM , RECOGNIZED AND PERFECTED BY COMMUNITY PROVISIONS , IS INTENDED TO FACILITATE THE FREE MOVEMENT OF PERSONS AND GOODS WHILE SAFEGUARDING THE INTERESTS OF PERSONS WHO HAVE SUFFERED LOSS OR INJURY BY THE CREATION IN EACH MEMBER COUNTRY OF A NATIONAL BUREAU COMPOSED OF INSURANCE COMPANIES EACH ONE OF WHICH IS SUBJECT TO PARTICULAR CHECKS AND TO THE OBLIGATION TO SUPPLY THE GUARANTEES REQUIRED BY NATIONAL LAW .
THUS A NATIONAL PROVISION WHICH RESERVES EXCLUSIVELY TO INSURANCE COMPANIES THE SETTLEMENT OF CLAIMS IN RESPECT OF ACCIDENTS CAUSED BY FOREIGN VEHICLES IN THE SENSE OF THE FINAL DECISION CONCERNING THE COMPENSATION OF THE ACCIDENT VICTIMS DOES COMPLY WITH ONE OF THE OBJECTIVES OF THE GREEN CARD