C-236/09 Association belge des Consommateurs Test-Achats v Council [2011]
Share
C-236/09 Association belge des Consommateurs Test-Achats and Others v Council [2011] ECR I-773 dealt with the issue of gender discrimination in insurance policies under Directive 2004/113/EC. The directive's Article 5(2) allowed for gender-based discrimination in insurance if it was supported by relevant and accurate actuarial and statistical data. This provision conflicted with the Charter of Fundamental Rights, specifically Article 21 and Article 23, which prohibited discrimination based on sex and mandated equality between men and women in all areas.
The Belgian Consumer Association challenged the validity of the national law enacted by the Belgian government to transpose the directive into domestic legislation. The Belgian Constitutional Court referred the matter to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the validity of the underlying directive.
The CJEU ruled that Article 5(2) of Directive 2004/113/EC was invalid, but it allowed for a transitional period. The Court held that a provision allowing Member States to maintain an exemption from the rule of unisex premiums and benefits without temporal limitation was contrary to the objective of equal treatment between men and women, as intended by the directive. This exemption was deemed incompatible with Articles 21 and 23 of the Charter of Fundamental Rights.
In essence, the CJEU's decision highlighted the importance of achieving equal treatment between men and women, and it circumscribed the derogation from fundamental rights permitted under EU legislation, particularly in the context of gender-based discrimination in insurance policies. The transitional period allowed for the adjustment of national laws to align with the fundamental principles of equality outlined in the Charter.
The Belgian Consumer Association challenged the validity of the national law enacted by the Belgian government to transpose the directive into domestic legislation. The Belgian Constitutional Court referred the matter to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the validity of the underlying directive.
The CJEU ruled that Article 5(2) of Directive 2004/113/EC was invalid, but it allowed for a transitional period. The Court held that a provision allowing Member States to maintain an exemption from the rule of unisex premiums and benefits without temporal limitation was contrary to the objective of equal treatment between men and women, as intended by the directive. This exemption was deemed incompatible with Articles 21 and 23 of the Charter of Fundamental Rights.
In essence, the CJEU's decision highlighted the importance of achieving equal treatment between men and women, and it circumscribed the derogation from fundamental rights permitted under EU legislation, particularly in the context of gender-based discrimination in insurance policies. The transitional period allowed for the adjustment of national laws to align with the fundamental principles of equality outlined in the Charter.
