REQUIREMENT OF A SEPARATE AUTHORIZATION GRANTED BY THE AUTHORITIES OF THE STATE IN WHICH THE SERVICE WAS PROVIDED REMAINED JUSTIFIED SUBJECT TO CERTAIN CONDITIONS . ON THE OTHER HAND , THE COURT CONSIDERED THAT THE REQUIREMENT OF AN ESTABLISHMENT , WHICH REPRESENTED THE VERY NEGATION OF THE FREEDOM TO PROVIDE SERVICES , EXCEEDED WHAT WAS NECESSARY TO ATTAIN THE OBJECTIVE PURSUED AND THAT , ACCORDINGLY , THAT REQUIREMENT WAS CONTRARY TO ARTICLES 59 AND 60 OF THE TREATY .
21 AS REGARDS MORE SPECIFICALLY CO-INSURANCE , THE COURT HELD IN THE SAME JUDGMENT THAT THE POSITION OF THE LEADING INSURER REFERRED TO IN DIRECTIVE 78/473 COULD BE CLEARLY DISTINGUISHED FROM THAT OF INSURERS IN GENERAL AND THAT , CONSEQUENTLY , NEITHER THE REQUIREMENT OF AN ESTABLISHMENT , NOR EVEN THAT OF AN AUTHORIZATION , IN THE STATE IN WHICH THE SERVICE WAS PROVIDED MIGHT BE REGARDED AS COMPATIBLE WITH ARTICLES 59 AND 60 OF THE EEC TREATY .
22 IN THE FIRST PLACE IT IS CLEAR FROM ARTICLE 1 ( 2 ) THEREOF THAT DIRECTIVE 78/473 CONCERNS ONLY INSURANCE AGAINST RISKS WHICH BY REASON OF THEIR NATURE OR SIZE CALL FOR THE PARTICIPATION OF SEVERAL INSURERS FOR THEIR COVERAGE . MOREOVER , ACCORDING TO ARTICLE 1 ( 1 ) THE DIRECTIVE APPLIES ONLY TO COMMUNITY CO-INSURANCE OPERATIONS RELATING TO CERTAIN OF THE RISKS LISTED IN THE ANNEX TO DIRECTIVE 73/239 . FOR EXAMPLE , IT DOES NOT CONCERN EITHER LIFE ASSURANCE OR ACCIDENT AND SICKNESS INSURANCE OR ROAD TRAFFIC CIVIL LIABILITY INSURANCE . THE DIRECTIVE IS CONCERNED WITH INSURANCE WHICH IS TAKEN OUT ONLY BY LARGE UNDERTAKINGS OR GROUPS OF UNDERTAKINGS WHICH ARE IN A POSITION TO ASSESS AND NEGOTIATE INSURANCE POLICIES PROPOSED TO THEM . CONSEQUENTLY , THE ARGUMENTS BASED ON CONSUMER PROTECTION DO NOT HAVE THE SAME FORCE AS IN CONNECTION WITH OTHER FORMS OF INSURANCE .
23 SECONDLY , AS IS CLEAR FROM THE PREAMBLE THERETO , DIRECTIVE 78/473 IS INTENDED TO ESTABLISH THE MINIMUM COORDINATION NECESSARY TO FACILITATE THE EFFECTIVE PURSUIT OF COMMUNITY CO-INSURANCE BUSINESS AND TO ORGANIZE SPECIAL COOPERATION BETWEEN THE SUPERVISORY AUTHORITIES OF THE MEMBER STATES AND BETWEEN THOSE AUTHORITIES AND THE COMMISSION WHICH , FOR THE PROVISION OF SERVICES IN THE INSURANCE BUSINESS IN GENERAL , IS PROVIDED FOR ONLY IN THE PROPOSAL FOR A SECOND DIRECTIVE ON DIRECT INSURANCE OTHER THAN LIFE ASSURANCE , A PROPOSAL WHICH 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