49However, in the absence of any indication to the contrary, Article 40(6) of Directive 92/49 cannot be interpreted as allowing the Member State of the provision of services to derogate from the exclusive responsibility of the home Member State, as referred to in paragraph 44 of this judgment, in order to rule on the compliance, by an insurance undertaking, with the conditions of authorisation, in particular that relating to the good repute of its directors, the supervision of which is, in accordance with Article 4 of Directive 92/49, the sole responsibility of the home Member State.
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