15The Commission contends that the Luxembourg bonus-malus system is contrary, first, to the principle of freedom to set rates flowing from Directive 92/49, which prohibits the Member States from requiring notification, prior approval or systematic disclosure of premium rates which an insurance undertaking intends to apply, or of increases in those rates which it intends to implement, in a Member State and, second, to the very objective of that directive, which is designed to secure freedom to market insurance products within the Community. It submits that its interpretation is borne out by the judgments in Case C-296/98 Commission v France [2000] ECR I-3025 and Case C-59/01 Commission v Italy [2003] ECR I-1759.
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