Judgments nº C-90/76 of Court of Justice of the European Communities, June 09, 1977
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Summary
1 . COUNCIL DIRECTIVE NO 72/166/EEC OF 24 APRIL 1972 , COMMISSION RECOMMENDATION NO 73/185/EEC OF 15 MAY 1973 AND COMMISSION DECISION NO 74/166/EEC OF 6 FEBRUARY 1974 WHICH SEEK TO ABOLISH CHECKS ON THE GREEN CARD AT FRONTIERS BETWEEN MEMBER STATES CANNOT BE REGARDED AS AUTHORIZING THE EXISTENCE OF NATIONAL PROVISIONS OR AGREEMENTS BETWEEN NATIONAL INSURANCE BUREAUX OR THEIR MEMBERS WHICH ARE INCOMPATIBLE WITH THE PROVISIONS OF THE TREATY RELATING TO COMPETITION , THE RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES .2 . A NATIONAL PROVISION OR AN AGREEMENT BETWEEN NATIONAL BUREAUX ESTABLISHED IN THE CONTEXT OF THE GREEN CARD SYSTEM WHICH DECLARES THAT THE NATIONAL BUREAU BEARS SOLE RESPONSIBILITY FOR THE SETTLEMENT OF CLAIMS FOR DAMAGE CAUSED IN THE TERRITORY OF THAT MEMBER STATE BY VEHICLES INSURED BY FOREIGN INSURANCE COMPANIES BUT WHICH STILL ALLOWS THE NATIONAL BUREAU OR ITS MEMBERS TO RELY ON UNDERTAKINGS WHOSE BUSINESS CONSISTS SOLELY IN THE SETTLEMENT OF ACCIDENT CLAIMS ON BEHALF OF INSURERS IN THE SENSE OF THE HANDLING AND INVESTIGATION OF CLAIMS , IS NOT INCOMPATIBLE WITH ARTICLE 90 ( 1 ) OF THE TREATY IN CONJUNCTION WITH ARTICLES 85 AND 86 . 3 . A DECISION OR A COURSE OF CONDUCT OF A NATIONAL BUREAU OR CONCERTED PRACTICES OF ITS MEMBERS WHICH HAVE THE OBJECT OR EFFECT OF EXCLUDING UNDERTAKINGS WHOSE BUSINESS CONSISTS SOLELY IN THE SETTLEMENT , IN THE RESTRICTED SENSE REFERRED TO ABOVE , OF ACCIDENT CLAIMS ON BEHALF OF INSURERS , MAY POSSIBLY FALL UNDER THE PROHIBITION OF ARTICLE 85 AND , IF THE NATIONAL BUREAU IS IN A DOMINANT POSITION , UNDER THE PROHIBITION CONTAINED IN ARTICLE 90 OF THE TREATY IN CONJUNCTION WITH ARTICLE 86 . IT IS FOR THE NATIONAL COURT TO DETERMINE WHETHER THE CONDITIONS FOR THE APPLICATION OF THOSE PROHIBITIONS ARE FULFILLED .4 . FOR DISCRIMINATION TO FALL UNDER THE PROHIBITIONS CONTAINED IN ARTICLES 52 AND 59 IT SUFFICES THAT SUCH DISCRIMINATION RESULTS FROM RULES OF WHATEVER KIND WHICH SEEK TO GOVERN COLLECTIVELY THE CARRYING ON OF THE BUSINESS IN QUESTION . IN THAT CASE IT IS NOT RELEVANT WHETHER THE DIS- CRIMINATION ORIGINATED IN MEASURES OF A PUBLIC AUTHORITY , OR ON THE OTHER HAND , IN MEASURES ATTRIBUTABLE TO INDIVIDUALS .5 . RULES OR CONDUCT HAVING THE EFFECT OF RESERVING TO THE NATIONAL BUREAU OF A MEMBER STATE OR TO ITS MEMBERS OR TO INSURANCE COMPANIES WITH AN ESTABLISHMENT THERE THE FINAL DECISION AS TO THE PAYMENT OF DAMAGES TO VICTIMS OF ACCIDENTS CAUSED IN THE TERRITORY OF THAT STATE BY VEHICLES NORMALLY BASED IN ANOTHER MEMBER STATE ARE NOT DISCRIMINATORY WITHIN THE MEANING OF ARTICLES 52 AND 59 OF THE TREATY IF THE EXCLUSION OF OTHER CATEGORIES OF UNDERTAKINGS IS NOT BASED ON THE CRITERION OF NATIONALITY .
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Extract
Judgments nº C-90/76 of Court of Justice of the European Communities, June 09, 1977
Subject of the caseFOR AN INTERPRETATION OF ARTICLES 7 , 52 , 59 , 85 , 86 AND 90 OF THE EEC TREATY , COUNCIL DIRECTIVE NO 72/166/EEC ( OJ ENGLISH SPECIAL EDITION , 1972 ( II ), P . 360 ), COMMISSION RECOMMENDATION NO 73/185/EEC ( OJ L 194 OF 16 . 7 . 1973 , P . 13 ) AND COMMISSION DECISION NO 74/166/EEC ( OJ L 87 OF 30 . 3 . 1974 , P . 13 ) RELATING TO THE CERTIFICATE OF INSURANCE KNOWN AS THE ' GREEN CARD ' ,Grounds1 BY ORDER OF 29 APRIL 1976 WHICH WAS RECEIVED AT THE COURT REGISTRY ON 27 SEPTEMBER 1976 THE TRIBUNALE CIVILE E PENALE OF MILAN REFERRED TO THE COURT , PURSUANT TO ARTICLE 177 OF THE EEC TREATY , FOUR QUESTIONS RELATING TO THE INTERPRETATION OF COUNCIL DIRECTIVE NO 72/166/EEC OF 24 APRIL 1972 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO INSURANCE AGAINST CIVIL LIABILITY IN RESPECT OF THE USE OF MOTOR VEHICLES , AND TO THE ENFORCEMENT OF THE OBLIGATION TO INSURE AGAINST SUCH LIABILITY ( OJ , ENGLISH SPECIAL EDITION 1972 ( II ), P . 360 ), OF COMMISSION RECOMMENDATION NO 73/18...See the full content of this document
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