Sex discrimination

On 1 March 2011, in a much anticipated and expected decision, the European Court of Justice has ruled in Association Belge des Consommateurs Test-Achats ASBL v Kingdom of Belgium Case C-236/09 that, with effect from the end of 2012, it will no longer be possible for insurance companies to use actuarial and statistical data to justify charging different premiums to men and women for insurance cover. The implications will be felt particularly strongly by motor and life insurers, and much has been written about the likely outcome. The present article explains exactly how the court reached its much-criticised conclusion.

The Equality Directive

Earlier versions of the EU Treaty contained provisions which required the equal treatment of men and women, initially as regards pay and subsequently extended by secondary measures to employment generally. The process culminated in the Equality Directive, Council Directive 2004/113/EC, “implementing the principle of equal treatment between men and women in the access to and supply of goods and services” and outside the employment relationship. The legal authority for the Equality Directive was the EU Treaty itself, of which equality between men and women is listed as a fundamental principle.