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ARTICLE · 04 APRIL 2011

ECJ Ruling On Unisex Insurance Premiums

Dillon Eustace
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The European Court of Justice (the "ECJ") has ruled that Article 5(2) of Council Directive 2004/113/EC (the "Directive") is invalid with effect from 21 December, 2012.

IrelandInsurance
Dillon Eustace
Dillon Eustace
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The European Court of Justice (the "ECJ") has ruled1 that Article 5(2) of Council Directive 2004/113/EC2 (the "Directive") is invalid with effect from 21 December, 2012. This ruling will undoubtedly have a significant effect on the level of insurance premiums throughout the EU, with insurers prohibited from taking a person's gender into account when calculating premiums from that date.

The ECJ's ruling results from an Article 2673 reference by the Belgian Constitutional Court which requested the ECJ to determine whether or not a domestic Belgian law implementing Article 5(2) of the Directive was valid in light of the principle of equal treatment for men and women4.

Equal treatment

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