The Decision
Today the ECJ issued a landmark ruling in a case brought by
the Belgian consumer group, Association Belge des
Consommateurs Test - Achats ASBL and others against the Belgian
Government. The issue to be determined was whether using
gender to calculate insurance premiums and annuity rates
breached EU rules on equality. The ECJ upheld the Advocate
General's earlier opinion, namely, that the use of actuarial
factors based on sex to determine risk is incompatible with the
fundamental right of equal treatment between men and
women.
Background
Currently, member states are explicitly permitted to
discriminate on insurance rates and benefits "if sex is a
determining risk factor, and that can be substantiated by relevant
and accurate actuarial and statistical data".
Accordingly, there is a standard practice amongst insurers
of relying on statistics about life expectancies or road
accident records in setting premiums for car, medical
insurance, life
