Facts
- Test-Achats, a consumer organisation, appealed to the Court of Justice that the Gender Directive (2004/113/EC), as implemented into Belgian law, violated the fundamental rights of gender equality
- The Directive allowed insurance companies to use gender bias when assessing insurance costs
Issue
- Could the specific article of the Directive be annulled?
Decision
- Yes, in part
Reasoning
- The Charter of Fundamental Rights of the European Union prohibits any gender discrimination
- The directive required the review of the article in question after 5 years
- The Court of Justice were happy to allow the article to stand for 5 years, so as not to immediately upset actuarial data forecasts, but following the transitional 5 year period, the article would be void (on 21st December 2012)
