Clifford Chance

Client briefing on Test-Achats case judgment

3 March 2011

On 1 March 2011 the European Court of Justice (ECJ) handed down its keenly anticipated judgment on a case concerning a provision of the Gender Directive which allowed insurance companies to differentiate premiums and benefits to some extent based on gender related factors. The judgment will have the effect of making a fundamental change to the way insurance premiums are calculated in some member states including the UK, Belgium, France, Germany, Ireland, Spain, Italy and Holland. From 21 December 2012 EU insurers will not be permitted to take gender into account as a risk factor in calculating premiums or benefits payable under insurance products. There is no right of appeal against the judgment.

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