Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/01/2011

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

Parties: Association belge des Consommateurs Test-Achats ASBL

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

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