Draft legislation to ban the use of gender as a factor in calculating insurance premiums and benefits is on course to becoming law from 21 December 2012.

The deadline for all EU member states to implement this ban was imposed by the ECJ in the Test-Achats case. In order to meet this deadline, the lower chamber conducted all three hearings on the same day (23 November) and then passed the bill to the higher chamber. At the start of November, it seemed inevitable that Poland would not be able to meet the deadline.

The ban includes a prohibition on the use of pregnancy and maternity as factors, which is allegedly implicit in the prohibition of gender as a factor (until now it was provided for in a separate provision, which is to be deleted as superfluous). The rationale that explicit prohibition is superfluous is less not entirely convincing.