The Association of British Insurers (ABI) says that several key developments in the field of anti-discrimination have taken place at EU level over the last few months and it has published an update on two areas which are of particular importance to the insurance industry:

  • the European Court of Justice’s (ECJ) final judgment onthe Test Achats case, which was published in March 2011 and which challenged the legality of the insurance opt-out in the Gender Directive; and
  • the wording of Article 2(7) of the draft Equal Treatment Directive on Age and Disability, which was first proposed in July 2008. The ABI says that several possible wordings of Article 2(7) have been put forward by different EU Presidencies, but they raise concerns in light of the Test Achats judgment. The structure and wording of Article 2(7) is quite similar to that of Article 5(2) of the Gender Directive, which has just been declared void by the ECJ.