EIOPA-analysis on adaptation regulatory frameworks to gender neutral premiums and benefits in insurances

In line with its Work Programme, EIOPA has mapped and analysed the
implementation of the so called Test Achats (a Belgian consumer
association) decision by the European Court of Justice into national
legislation. This decision rules that insurers are not allowed to use
gender-based factors in the calculation of individuals' premiums and
benefits. Member States that prior to this date, permitted gender
differentiation for certain insurance products, need to adapt their
national regulatory framework.

The deadline for EU Member States to implement the ruling into national
legislation was 21 December 2012. The majority of the Member States
complied with this deadline. In a few Member States the legislation
entered into force later. However, Italy, Luxembourg and Portugal reported
that legislation implementing the ruling was in the process of being
adopted but not in force at the time of finalising this analysis. Several
Members reported about further rules and criteria adopted at national
level.

Test-Achats vs Council of Ministers is a decision of the European Court of
Justice which invalidated a provision of Directive 2004/113/EC of the
European Union which permitted the continence of sexual discrimination in
the provision of insurance services provided that it was based on
"relevant and accurate actuarial and statistical data."


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