Brussels, 03/09/2014 (Agence Europe) - In calculating benefit to be paid following an accident at work, member states' laws must not take account of an actuarial factor based on the statistically shorter life expectancy of men compared with women, when application of such a factor results in payment of benefit to a man that is less than what a woman of the same age would receive in a similar situation.
In its judgment on Wednesday 3 September, in case C-318/13 X, the Court of Justice of the EU found against the Finnish accident insurance scheme which applies just such a criterion, deeming it to be in breach of Directive 79/7EEC on equal treatment for men and women in matters of social security.
In the case at issue, a Finnish male worker, who had been involved in a work accident, challenged the amount of benefit allocated to him for the permanent harm suffered through application of such a criterion and sought compensatory payment corresponding to the difference between the amount he received and what would have been paid to a woman of the same age in a comparable situation.
The Court found on his behalf, recognising that such inequality of treatment is not justified. It states that the directive makes no provision for account being taken of a factor based on life expectancy and that, consequently, the national legislator cannot incorporate any such factor in calculation of benefit. It notes that calculation of benefit cannot be based on a generalisation based on the average life expectancy of men and women. Such a generalisation could lead to discrimination in the treatment of insured males, as it provides no certainty as to an insured female having a greater life expectancy than a male of the same age in a comparable situation. (FG)