Brussels, 20/12/2012 (Agence Europe) - The new EU rules concerning unisex pricing for insurance take effect on 21 December, the European Commission states in a press release. Inspired by the judgment of the European Court of Justice (CJEU) in the “Test-Achat” case (C-236/09) of 1 March 2011 (see EUROPE 10522 and 10326), the rules stipulate that insurance firms must apply identical tariffs for both men and women for identical insurance products, without discrimination relating to gender. In some cases, insurance premiums may thus increase or be reduced for certain categories of policy holders, the Commission warned.
The CJEU had felt that the application of different premiums to policy holders on the basis of gender criteria alone was not compatible with the principle of unisex pricing set out in EU legislation regarding gender equality, nor with the European Charter on Fundamental Rights. The Court rules that the insurers had until 21 December 2012 to change their policy.
The Court had invalidated an exemption set out in Directive 2004/113/EC on equal treatment between men and women when it comes to access to the provision of goods and services. The exemption allowed member states not to comply with the rule on unisex premiums and payments under insurance contracts. While all member states made use of this derogation for some or all insurance contracts, litigation arose concerning the legality of a Belgian derogation in national legislation. The ensuing dispute led to the Court of Justice's “Test-Achats” ruling whereby the Court deemed the exemption incompatible with the aim of the directive. (SP/transl.jl)