This article examines the landmark judgment of the Court of Justice of the European Union (CJEU) in the Test-Achats case (C-236/09), which addressed the legality of gender-based pricing in the insurance sector. The decision declared Article 5(2) of Directive 2004/113/EC invalid, effectively prohibiting insurers from using gender as a factor in determining premiums and benefits. This analysis explores the legal reasoning behind the ruling, its alignment with the principles of non-discrimination and equality enshrined in EU law, and its broader implications for the insurance industry and consumers. The article also discusses the practical challenges and policy considerations arising from the introduction of “unisex” premiums.
Analysis of the Judgment of the Court of Justice of the European Union in the Test-Achats Case: “Unisex” Premiums in the Insurance Sector, in Georgian Law Review, New Vision University, Tbilisi, 2021, pp. 123-132. (ISSN 1512-0201).
PAOLO TORTORANO
2021
Abstract
This article examines the landmark judgment of the Court of Justice of the European Union (CJEU) in the Test-Achats case (C-236/09), which addressed the legality of gender-based pricing in the insurance sector. The decision declared Article 5(2) of Directive 2004/113/EC invalid, effectively prohibiting insurers from using gender as a factor in determining premiums and benefits. This analysis explores the legal reasoning behind the ruling, its alignment with the principles of non-discrimination and equality enshrined in EU law, and its broader implications for the insurance industry and consumers. The article also discusses the practical challenges and policy considerations arising from the introduction of “unisex” premiums.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
