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Proposal for a Council Regulation (EEC) on the application of Article 85(3) of the Treaty to certain categories of agreements, decisions and concerted practices in the insurance sector. COM (89) 641 final, 18 December 1989

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untitled COMMISSION OF THE EUROPEAN COMMUNITIES COMC89) 641 final Brussels, 18 December 1989 Proposal for a COUNCIL REGULATION CEEC) on the application of Article 85(3) of the Treaty to certain categories of agreements, decisions and concerted practices in the insurance sector (presented by the Commission) Barbara Rectangle Barbara Sticky Note Completed set by Barbara In ltE Judgment of 27 January 1987 (German Fire Insurance, Case 45/85)(1) the Court of Justice stated that the Insurance sector was f:.li !y subJect to Articles 85 and 86 and to Regulation No 17, thus clearly rejecting the view, which at times had been expressed in the past, that the prohibition of Article 85(1) was not applicable to the insurance sector untl I an Implementing regulation based on Art!cle 87 pa;agraph 2(c) had been adopted. Pursuant to discussions between th& Commission and the "Comit6 Europ6en des Assurances", most Insurers and their associations decided to notify their agreements and recommendations. Approximately 300 not!ficat!ons have been received so far by the Commission; this number may be expected to Increase In the near future. An examination of these notifications has shown that only a few of them remain outside the scope of application of Article 85(1), either because they are to be regarded as neutral with respect to competition law (for Instance certain codes of conduct for the prevention of certain forms of unfair comoetition) or because they are covered by the Commission's Notices of July 1968 concerning agreements, decisions and concerted practIces ln the field of cooperation between enterprfsesC2) or of September 1986 concerning agreements of minor importance.<3) The other notifications concern agreements, decisions and concerted practices which fa! i within the scope of appl icatlon of Article 35(1). They consist to a large extent of typical agreements or standardised terms of business used regularly and in large numbers by Insurance companies

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