IS STILL UNDER DISCUSSION WITHIN THE COUNCIL . IT SHOULD THEREFORE BE STATED THAT , SO FAR AS COMMUNITY CO-INSURANCE IS CONCERNED , THERE EXISTS A MECHANISM ENABLING THE MEMBER STATE OF ESTABLISHMENT TO PROTECT THE PUBLIC INTEREST ALSO IN RESPECT OF SERVICES PROVIDED IN OTHER MEMBER STATES .
24 MOREOVER , A DIFFERENCE OF TREATMENT IN THAT RESPECT BETWEEN THE LEADING INSURER AND OTHER CO-INSURERS DOES NOT APPEAR OBJECTIVELY JUSTIFIED . ALTHOUGH IT IS FOR THE LEADING INSURER TO NEGOTIATE THE CONTRACT AND TO ENSURE ITS PERFORMANCE , THERE IS NOTHING TO PREVENT HIM FROM COVERING A MUCH SMALLER PART OF THE RISK THAN THAT COVERED BY THE OTHER CO-INSURERS .
25 IN THOSE CIRCUMSTANCES THE CONTESTED REQUIREMENTS , NAMELY THAT THE LEADING INSURER MUST BE AUTHORIZED IN THE STATE IN WHICH THE SERVICE IS PROVIDED AND HAVE A PERMANENT ESTABLISHMENT THERE , OR GIVE NOTICE TO THE COMPETENT MINISTER AND OBTAIN HIS CONSENT , CANNOT BE JUSTIFIED IN RESPECT OF AN INSURANCE UNDERTAKING WHICH IS ESTABLISHED AND AUTHORIZED IN ANOTHER MEMBER STATE AND WHICH WISHES TO CONDUCT BUSINESS AS A LEADING INSURER PURSUANT TO DIRECTIVE 78/473 SOLELY IN THE CONTEXT OF THE PROVISION OF SERVICES . SUCH REQUIREMENTS ARE CONTRARY TO ARTICLES 59 AND 60 OF THE TREATY AND THEREFORE ALSO TO THE DIRECTIVE .
26 IT MUST THEREFORE BE HELD THAT IRELAND HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 59 AND 60 OF THE EEC TREATY AND COUNCIL DIRECTIVE 78/473 BY REQUIRING THAT COMMUNITY INSURANCE UNDERTAKINGS WHICH WISH TO PROVIDE IN IRELAND IN THE ROLE OF LEADING INSURER THE SERVICES TO WHICH THE DIRECTIVE APPLIES EITHER TO BE AUTHORIZED AND THEREFORE ESTABLISHED IN THAT MEMBER STATE OR , AS THE CASE MAY BE , TO GIVE NOTICE TO THE COMPETENT IRISH MINISTER AND OBTAIN HIS CONSENT .
B - THE COMMISSION ' S SECOND HEAD OF CLAIM 27 IN THE COURSE OF THE PROCEEDINGS BEFORE THE COURT , THE COMMISSION STATED THAT ITS SECOND HEAD OF CLAIM WAS NOT DIRECTED AGAINST THE LEVEL OF THRESHOLDS FIXED IN IRELAND FOR CERTAIN RISKS WHICH ARE THE SUBJECT OF COMMUNITY CO-INSURANCE NOR AGAINST THE FACT THAT THAT LEVEL WAS FIXED BY IRELAND UNILATERALLY , BUT AGAINST THE VERY EXISTENCE OF SUCH THRESHOLDS . THAT HEAD OF CLAIM IS THEREFORE BASED ON THE COMMISSION ' S GENERAL PROPOSITION THAT ANY REQUIREMENT OF AUTHORIZATION AND ESTABLISHMENT IN RELATION TO THE FREEDOM TO PROVIDE SERVICES IN THE INSURANCE SECTOR IS CONTRARY TO ARTICLES 59 AND 60 OF THE TREATY . SINCE , IN THE COMMISSION ' S VIEW , THERE CAN BE NO DIFFERENCE , WITH REGARD TO THOSE TWO REQUIREMENTS , BETWEEN CO-INSURANCE WHICH IS SUBJECT TO THE PROVISIONS OF DIRECTIVE 78/473 AND CO-INSURANCE WHICH IS NOT , MEMBER STATES CANNOT , WHEN THEY TRANSPOSE THE DIRECTIVE INTO NATIONAL LAW , LIMIT EXEMPTION FROM THE REQUIREMENTS OF ESTABLISHMENT AND AUTHORIZATION TO CO-INSURERS WHO CONDUCT INSURANCE BUSINESS WHICH , ACCORDING TO THE VIEW OF EACH STATE , COMES WITHIN THE SCOPE OF