Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres: C-236/09, [2011] All ER (D) 07 (Mar)
Court of Justice of the European Union (Grand Chamber), Judges Skouris (President), Tizzano, Cunha Rodrigues, Lenaerts, Bonichot and Arabadjiev (Presidents of Chambers), Juhasz (Rapporteur), Arestis, Borg Barthet, Ilesic, Bay Larsen, Lindh and von Danwitz, 1 Mar 2011
Article 5(2) of Council Directive (EC) 2004/113 (implementing the principle of equal treatment between men and women in the access to and supply of goods and services) is invalid with effect from 21 December 2012.
The applicants sought the annulment of an article of Belgian law, as regards the treatment of gender in insurance matters, which transposed Council Directive (EC) 2004/113 (implementing the principle of equal treatment between men and women in the access to and supply of goods and services) into the national legal system. Article 5(2) of Directive 2004/113 provided that “...member states may decide before 21 December 2007 to permit proportionate differences in individuals’ premiums and benefits where the use of sex is a determining factor in the assessment of risk on
