The Court of Justice of the EU (the CJEU) ruled today* that taking the gender of an insured individual into account as a risk factor in insurance contracts constitutes discrimination. The case was taken under Directive 2004/113/EC which prohibits all discrimination based on gender in the access to and supply of goods and services. The CJEU ruled that in the insurance services sector, the derogation from the general rule of unisex premiums and benefits is invalid with effect from 21 December 2012.

* Case C- 236/09 Association delge des Consommateurs Test-Achats ASBL, 1 March 2011