oa De Jure - Association belge des Consommateurs Test-Achats ASBL, Vann van Vugt, Charles Basselier v Conseil des ministres Case C-236/09 ECJ : gender equality in insurance : recent case law
The recent judgment by the European Court of Justice (ECJ) in the case of Association belge des Consommateurs Test-Achats ASBL, Vann van Vugt,Charles Basselier v Conseil des ministres that the unequal treatment of men and women in the assessment of insurance risks is in fact unlawful discrimination, has rocked the international insurance industry. The applicants brought the case from the Cour constitutionelle (Belgium) to the ECJ for a preliminary ruling under Article 234 of the Treaty establishing the European Community. The effect of the ruling is, in a nutshell, that insurers will be required to restructure and reinvent current actuarial factors and information used for risk profiling to prevent disparate rates for the different genders for personal insurance cover. The ruling cuts both ways, as it will clearly affect the lower costs payable by men for pension annuities, and the lower car insurance premiums that women are currently charged.
Article metrics loading...