COSTS
72 ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS . HOWEVER , ACCORDING TO THE FIRST SUBPARAGRAPH OF ARTICLE 69 ( 3 ), WHERE EACH PARTY SUCCEEDS ON SOME AND FAILS ON OTHER HEADS , THE COURT MAY ORDER THAT THE PARTIES BEAR THEIR OWN COSTS IN WHOLE OR IN PART . SINCE EACH OF THE PARTIES HAS FAILED ON CERTAIN HEADS , THEY MUST BE ORDERED TO BEAR THEIR OWN COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT
HEREBY :
( 1 ) DECLARES THAT THE FEDERAL REPUBLIC OF GERMANY HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 59 AND 60 OF THE EEC TREATY BY PROVIDING IN THE VERSICHERUNGSAUFSICHTSGESETZ THAT WHERE INSURANCE UNDERTAKINGS WISH TO PROVIDE SERVICES IN THAT MEMBER STATE IN RELATION TO DIRECT INSURANCE BUSINESS , OTHER THAN TRANSPORT INSURANCE , THROUGH SALESMEN , REPRESENTATIVES , AGENTS AND OTHER INTERMEDIARIES , THEY MUST BE ESTABLISHED IN ITS TERRITORY ; HOWEVER , THAT FAILURE DOES NOT EXTEND TO COMPULSORY INSURANCE AND INSURANCE FOR WHICH THE INSURER EITHER MAINTAINS A PERMANENT PRESENCE EQUIVALENT TO AN AGENCY OR A BRANCH OR DIRECTS HIS BUSINESS ENTIRELY OR PRINCIPALLY TOWARDS THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY ;
( 2)DECLARES THAT THE FEDERAL REPUBLIC OF GERMANY HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 59 AND 60 OF THE TREATY AND UNDER COUNCIL DIRECTIVE 78/473/EEC OF 30 MAY 1978 ON THE COORDINATION OF LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO COMMUNITY CO-INSURANCE BY REQUIRING THAT FOR SERVICES PROVIDED IN CONNECTION WITH COMMUNITY CO-INSURANCE , WHERE THE RISKS ARE SITUATED IN THE FEDERAL REPUBLIC OF GERMANY , THE LEADING INSURER BE ESTABLISHED AND AUTHORIZED THERE ;
( 3 ) FOR THE REST , DISMISSES THE APPLICATION ;
( 4 ) ORDERS THE PARTIES , INCLUDING THE INTERVENERS , TO BEAR THEIR OWN COSTS .