CJEU rules insurance companies prohibited from differentiating on gender ground

The Court of Justice of the European Union has ruled that a provision in EU legislation which permits differences in premiums and benefits for insurance services on the basis of gender will be invalid with effect from 31st December 2012. In ASBL, Yugt & Basselier v. Belgium C-236/09, the CJEU found that a derogation which allowed member states an exemption from the rule of unisex premiums and benefits without temporal limitation contradicted the overall objective of the equal treatment directive.

This case raises interesting questions as to comparability and the legitimacy of drawing broad gender-based differences. It will have implications for the insurance and pensions industry and of course the consumer. It is noteworthy that in a previous case, Neath v. Hugh Steeper Ltd. C-152/91, the ECJ ruled it permissible to apply gender-based actuarial factors in funding for certain pension schemes.

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