Taking the Gender of the Insured Individual into Account as a Risk Factor in Insurance Contracts Constitutes Discrimination in the EU

The Court of Justice of the European Union ("ECJ") has handed down its judgment in Association Belge des Consommateurs Test-Achats ASBL and others case (Case C-236/09). The ECJ has chosen to follow the Opinion of Advocate General Kokott and ruled that gender based pricing in insurance contracts is incompatible with EU law.  The ruling will have a fundamental impact on the insurance industry in the EU where differential pricing between men and women based on actuarial factors is widespread, especially in relation to life policies. The ECJ has allowed a transitional period so that gender based pricing will be invalid from 21 December 2012.

Originally Published: 
01/03/2011