Zwingende Risikoeinschlüsse und Grundfreiheiten am Beispiel der französischen Technologiekatastrophenversicherung

The article deals with the compatibility of compulsory risk extensions with the fundamental freedoms. As an example the French technological disaster insurance referred to art. L. 128-2 al. 1 C. assur. is examined for their compatibility with the freedom to provide services and the right of establishment. Of particular importance becomes the question to what extent restrictions of the fundamental freedoms may be justified by overriding reasons in the general interest. In the course of the article twelve different theses are developed, which are presented summarily at its end.