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Case C-236/09 Test-Achats [2012]

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)
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