Helen Tilley of Kennedy’s Law comments on the recent Gender Directive
No apologies for raising the European Court of Justice ruling of early March in the Test-Achats case! It created quite a stir within the industry and amongst customers. It shouldn’t be forgotten that the objective of the Gender Directive (2004/113/EC) in the context of insurance was to have unisex premiums and benefits. The effect of the Test-Achats case is to ban the derogation in art. 5(2) of the EU Gender Directive from 21 December 2012. Art. 5(2) had been sensible because, in broad terms, it permitted the UK to legislate so that gender could be taken into account when pricing…
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