DIMINISH THE INSURANCE RISK , SUCH AS , FOR EXAMPLE , THE USE OF VEHICLES REGISTERED UNDER CUSTOMS PLATES , IN RESPECT OF WHICH ARTICLE 34 DOES NOT PROHIBIT THE REFUSAL OF NO-CLAIMS BONUSES .
Parties
IN CASE 251/83
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE AMTSGERICHT ( LOCAL COURT ) AACHEN FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN
EBERHARD HAUG-ADRION , 242 AVENUE DE L ' HIPPODROME , B-1970 WEZEMBEEK-OPPEM ,
PLAINTIFF ,
AND
FRANKFURTER VERSICHERUNGS-AG , REPRESENTED BY ITS MANAGING BOARD WHICH IS ITSELF REPRESENTED BY ITS CHAIRMAN , PROSPER GRAF CASTELL ZU CASTELL , 18 TAUNUSANLAGE , 6000 FRANKFURT 1 ,
DEFENDANT ,
Subject of the case
ON THE INTERPRETATION OF THE RELEVANT COMMUNITY LAW CONCERNING THE ' ' NO-CLAIMS BONUS ' ' IN THE FIELD OF MOTOR VEHICLE INSURANCE ,
Grounds
1 BY AN ORDER OF 26 OCTOBER 1983 WHICH WAS RECEIVED AT THE COURT REGISTRY ON 10 NOVEMBER 1983 , SUPPLEMENTED BY A SECOND ORDER OF 14 NOVEMBER 1983 WHICH WAS RECEIVED AT THE COURT REGISTRY ON 21 NOVEMBER 1983 , THE AMTSGERICHT ( LOCAL COURT ) AACHEN , REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE TREATY A QUESTION ON THE INTERPRETATION OF THE RELEVANT PROVISIONS OF COMMUNITY LAW , IN ORDER TO DECIDE WHETHER AN INSURANCE SCHEME UNDER WHICH NO-CLAIMS BONUSES WERE NOT GRANTED TO OWNERS OF VEHICLES BEARING CUSTOMS REGISTRATION PLATES WAS COMPATIBLE WITH COMMUNITY LAW .
2 THAT QUESTION WAS RAISED IN THE COURSE OF PROCEEDINGS BETWEEN MR HAUG-ADRION , A GERMAN NATIONAL WHO IS AN OFFICIAL OF THE EUROPEAN COMMUNITIES IN THE SERVICE OF THE COMMISSION AND LIVES IN BRUSSELS , AND AN INSURANCE COMPANY , FRANKFURTER VERSICHERUNGS-AG , WHOSE REGISTERED OFFICE IS IN FRANKFURT .
3 IN 1981 THE PLAINTIFF IN THE MAIN PROCEEDINGS , MR HAUG-ADRION , BOUGHT A MOTOR CAR IN THE FEDERAL REPUBLIC OF GERMANY AND REGISTERED IT UNDER CUSTOMS PLATES , SINCE HE INTENDED TO EXPORT IT TO BELGIUM . THE THIRD-PARTY LIABILITY INSURANCE REQUIRED FOR THE REGISTRATION OF THE VEHICLE WAS ISSUED TO MR HAUG-ADRION BY THE FRANKFURTER VERSICHERUNGS-AG , WHICH FOR THE INSURANCE OF VEHICLES WITH CUSTOMS REGISTRATION PLATES DOES NOT APPLY ITS USUAL SYSTEM OF CHARGES BUT INSTEAD APPLIES A TARIFF WHICH DOES NOT TAKE INTO ACCOUNT THE INSURED PERSON ' S DRIVING RECORD WHEN CALCULATING PREMIUMS .
4 IT APPEARS FROM THE DOCUMENTS IN THE MAIN PROCEEDINGS THAT MR HAUG-ADRION WAS , UNDER THE CATEGORY OF CONTRACT WHICH HAD PREVIOUSLY EXISTED BETWEEN HIM AND THE FRANKFURTER VERSICHERUNGS-AG , ENTITLED TO THE HIGHEST RATE OF NO-CLAIMS BONUS . MR HAUG-ADRION THEREFORE REQUESTED THAT THE NO-CLAIMS BONUS WHICH HE HAD ACQUIRED UNDER HIS PREVIOUS INSURANCE CONTRACT BE TRANSFERRED TO HIS NEW CONTRACT REGARDING A VEHICLE REGISTERED UNDER CUSTOMS PLATES .
5 THE FRANKFURTER VERSICHERUNGS-AG REFUSED HIS REQUEST , AND HE THEREFORE BROUGHT AN ACTION BEFORE THE AMTSGERICHT AACHEN FOR THE REFUND OF THAT PART OF THE INSURANCE