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European Observer on fundamental right's respect

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Case Law C- 236/09 (01/03/2011)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/01/2011

Subject: The Court affirmed that taking the gender of insured individual into account as a risk factor in insurance contracts constitutes discrimination. The Court ruled that Article 5(2) of Directive 2004/113/EC is invalid with effect from 21 December 2012, because it is incompatible with Articles 21 and 23 of the Charter of fundamental rights.

Parties: Association belge des Consommateurs

Classification: Equality - Art. 21 Non discrimination - Art. 23 Equality between men and women

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