Towing contract / Damage in an accident / Liability for the fixing of the tow rope / Exemption clause in the general conditions / Independent consent / Agreement / Principles of good administration / Good faith / EC Treaty Art. 90(1) in conjunction with Art. 86 / Public undertaking / Abuse of dominant position / EC Treaty Art. 90(2) / Undertakings not entrusted with the operation of services of general economic interest