CJEU - C 236/09 / Judgment

Association belge des Consommateurs Test-Achats ASBL and Others v Conseil des ministres
Deciding body type
Court of Justice of the European Union
Deciding body
European Court of Justice (Grand Chamber)
Decision date
  • CJEU - C 236/09 / Judgment
    Key facts of the case:
    Article 5 (2) of Directive 2004/113//EC allows those Member States which have decided to do so before 21.12.2007 to permit differences related to sex in respect of insurance premiums and benefits if sex is a determining factor according to relevant and accurate actuarial and statistical data. The national Belgium provision based on this enablement was challenged before the Belgian Constitutional Court by two individuals and a non-profit-making consumer organisation; the Belgian court decided to refer to CJ. 
    Results (sanctions) and key consequences of the case:
    Article 5(2) of Council Directive 2004/113/EC of 13 December 2004 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.