Legal Alert - The Test Achats case 

The European Court of Justice (“ECJ”) gave its much awaited ruling in the Test Achats case on 1 March 2011. The case stemmed from a challenge from the Belgian consumer association, the Association Belge des Consommateurs Test-Achats ASBL, asking whether the exemption in Article 5(2) of Directive 2004/113/EC (“2004 Directive”), which allows insurers to use gender related factors in determining premiums and benefits under insurance policies, is compatible with the prohibition on discrimination on the grounds of gender enshrined as a fundamental right of the European Union. The exemption allows insurers to apply differentiated terms on the basis of gender in the provision of insurance services.

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