Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services
MARCH 02, 2011

A Belgian consumer group, Test-Achats ASBL, has challenged the provisions of Article 5(2) of Council Directive 2004/113/EC.

Article 5(2) of the said Council Directive provides for Member States to benefit from an opt-out derogation from the provisions of the Council Directive in that Member States may decide to permit proportionate differences in individuals' premiums and benefits where the use of sex is a determining factor in the assessment of risk based on relevant and accurate actuarial and statistical data. Malta was one of the Member
States benefitting from the exemption.

The European Court of Justice has yesterday delivered its ruling on the legality of the opt-out derogation and has deemed it to be incompatible with European law and in this respect ruled that Article 5(2) of the said Council Directive is invalid with effect from 21 December 2012.

There may be a number of insurance products that could be affected by the European Court of Justice decision.

Judgement of the European Court of Justice (Case C-236/09)

 

MFSA Ref: 12-2011