The Gazette 1976

March 1976

GAZETTE

European Case Freedom to provide services.

as broker within the meaning of that law must reside in the Netherlands, is not compatible with those provi- sions. The Court of Justice, interpreting the spirit of the Treaty in the matter of freedom to provide services within the Community, has ruled that the requirement that the provider of a service must be permanently resi- dent within the territory of the State where the service is to be provided may, according to the circumstances, ren- der Article 59 nugatory, since the precise object of that article is to eliminate restrictions on freedom to provide services on the part of persons who do not reside in the State on the territory of which those services are to be provided. In the present case, the additional requirement that the provider of the service be personally resident within the territory of the Netherlands appears to be a restriction on the freedom to provide services which is incompatible with the provisions of the Treaty. The Court has ruled that the provisions of the EEC 'Treaty, in particular Articles 50, 60 and 65, must be interpreted as meaning that national legislation cannot, by requiring residence within the territory of that State, render it impossible for persons residing in another Member State to provide services where less restrictive measures (than the requirement of permanent residence) would make it possible to ensure that the rules of conduct to which the provision of such services is sub- ject on that territory were observed. The Combined Liabilities Scheme devised and administered by IRISH UNDERWRITING AGENCIES LTD. for Members of the Incorporated Law Society of Ireland is now firmly established with six years continuity of cover built on the accumulated knowledge and experience of over thirty years in this specialist market . . . . THERE IS NO SUBSTITUTE FOR CONTINUITY — THE ESSENCE OF PROFESSIONAL INDEMNITY COVER. Case 39/75 — Coenen v. Sociaal Economische Raad — (26.11.75) —• Preliminary ruling.

Robert Coenen, of Netherlands nationality, having resided in the Netherlands until 9 September 1973 but residing since that date in Belgium, works as an insur- ance broker, both on his own account and in the name of two insurance companies established in the Nether- lands and actually managed by him in his capacity as salaried director. According to Netherlands law on insurance broking the exercise of this occupation is subject to entry in a register. The law also provides that registration can only be effected where it is shown that the applicant has a fixed abode in the country. Having ascertained that Mr. Coenen was resident in Belgium, the Sociaal Economische Raad notified the latter that his name would be removed from the register and notified the two insurance companies managed by Mr. Coenen that their registration also would have to be cancelled by reason of Mr. Coenen's place of resi- dence. An action was brought against this decision before the College van Beroep voor het Bedrijfsleven, which re- ferred to the Court of Justice the question whether the provisions of the Treaty establishing the European Economic Community, in particular Articles 59 and fiO, must be understood as meaning that a requirement such as that contained in the law on insurance broking, according to which a natural person who wishes to act (continued from page 30) International Law was held in September 1975 at which examination was begun of a preliminary draft Conven- tion on Contractual and Non-contractual Obligations in the light of comments and observations submitted by the Danish, German and Irish delegations. This exam- ination will be continued at the next meeting of the Committee in December. European Community Patent Convention 17.17. A Conference attended by the nine Member States and the Commission to finalise a European Community Patent Convention opened in Luxembourg on 17 November 1975. The Convention which is ex- pected to be signed at the conclusion of the Conference on 15 December 1975 follows on the European Patent Convention, concluded by sixteen countries including EEC member States at Munich in 1973, and represents a second step in the development of an EEC patent system, creating as it does a unitary system of law for European patents granted for the EEC countries. The system will co-exist with national patent systems. The draft Convention contains a provision which gives applicants the right, for a transitional period, to decide between a European patent for one or more EEC States and a full Community patent. The Commission, in an opinion issued on 26 September 1975, expressed opposition to proposals to defer the operation of the "economic clauses" dealing with "exhaustion of rights" attached to patents. On 30 November 1975 it was not clear whether the operation of the "economic clauses" would be deferred or not.

IRISH UNDERWRITING AGENCIES LTD.

INSURANCE MANAGERS 3, Fitzwilliam Place, Dublin 2. Telephone 766176

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