Commission of the European Communities v Kingdom of Denmark.
Date: 1986-12-04
17 THE COURT HAS NEVERTHELESS ACCEPTED , IN PARTICULAR IN ITS JUDGMENTS OF 18 JANUARY 1979 ( JOINED CASES 110 AND 111/78 MINISTERE PUBLIC AND ANOTHER V VAN WESEMAEL AND OTHERS ( 1979 ) ECR 35 ) AND 17 DECEMBER 1981 ( CASE 279/80 WEBB ( 1981 ) ECR 3305 ), THAT REGARD BEING HAD TO THE PARTICULAR NATURE OF CERTAIN SERVICES , SPECIFIC REQUIREMENTS IMPOSED ON THE PROVIDER OF THE SERVICES CANNOT BE CONSIDERED TO BE INCOMPATIBLE WITH THE TREATY WHERE THEY HAVE AS THEIR PURPOSE THE APPLICATION OF RULES GOVERNING SUCH ACTIVITIES . HOWEVER , THE FREEDOM TO PROVIDE SERVICES , AS ONE OF THE FUNDAMENTAL PRINCIPLES OF THE TREATY , MAY BE RESTRICTED ONLY BY PROVISIONS WHICH ARE JUSTIFIED BY THE GENERAL GOOD AND WHICH ARE APPLIED TO ALL PERSONS OR UNDERTAKINGS OPERATING WITHIN THE TERRITORY OF THE STATE IN WHICH THE SERVICE IS PROVIDED IN SO FAR AS THAT INTEREST IS NOT SAFEGUARDED BY THE PROVISIONS TO WHICH THE PROVIDER OF A SERVICE IS SUBJECT IN THE MEMBER STATE OF HIS ESTABLISHMENT . IN ADDITION , SUCH REQUIREMENTS MUST BE OBJECTIVELY JUSTIFIED BY THE NEED TO ENSURE THAT PROFESSIONAL RULES OF CONDUCT ARE COMPLIED WITH AND THAT THE INTERESTS WHICH SUCH RULES ARE DESIGNED TO SAFEGUARD ARE PROTECTED .
18 IT MUST BE STATED THAT THE REQUIREMENT THAT AN INSURANCE UNDERTAKING WHICH IS ALREADY ESTABLISHED AND AUTHORIZED IN ANOTHER MEMBER STATE AND WHICH WISHES TO PROVIDE SERVICES SOLELY AS A LEADING INSURER MUST HAVE A PERMANENT ESTABLISHMENT IN THE STATE IN WHICH THE SERVICE IS PROVIDED CONSTITUTES A SERIOUS RESTRICTION OF THE FREEDOM OF THAT LEADING INSURER TO PROVIDE SERVICES , IN PARTICULAR BECAUSE , AS A RULE , INSURANCE UNDERTAKINGS CONDUCT BUSINESS AS LEADING INSURERS ONLY OCCASIONALLY .
19 IT FOLLOWS THAT THAT REQUIREMENT MAY BE REGARDED AS COMPATIBLE WITH ARTICLES 59 AND 60 OF THE EEC TREATY ONLY IF IT IS ESTABLISHED THAT IN THE FIELD OF ACTIVITY CONCERNED THERE ARE IMPERATIVE REASONS RELATING TO THE PUBLIC INTEREST WHICH JUSTIFY RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES , THAT THE PUBLIC INTEREST IS NOT ALREADY PROTECTED BY THE RULES OF THE STATE OF ESTABLISHMENT AND THAT THE SAME RESULT CANNOT BE OBTAINED BY LESS RESTRICTIVE RULES .
20 IN ITS JUDGMENT DELIVERED THIS DAY IN CASE 205/84 COMMISSION V FEDERAL REPUBLIC OF GERMANY ( 1986 ) ECR 3793 , THE COURT HELD THAT IN THE INSURANCE SECTOR IN GENERAL THERE WERE IMPERATIVE REASONS RELATING TO THE PROTECTION OF THE CONSUMER BOTH AS A POLICY-HOLDER AND AS AN INSURED PERSON WHICH MIGHT JUSTIFY RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES . THE COURT ALSO RECOGNIZED THAT IN THE PRESENT STATE OF COMMUNITY LAW , IN PARTICULAR WITH REGARD TO THE COORDINATION OF THE RELEVANT NATIONAL RULES , THE PROTECTION OF THAT INTEREST WAS NOT NECESSARILY GUARANTEED BY THE RULES OF THE STATE OF ESTABLISHMENT . THE COURT CONCLUDED THEREFROM THAT , AS REGARDS THE FIELD OF DIRECT INSURANCE IN GENERAL , THE 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 .