No EU legislation can be adopted that conflicts with the rights and principles guaranteed by the Charter. However, I also would like to underline that parts of the insurance industry have already started to move in the direction of gender equality. Is it compatible with the fundamental rights of the EU to take the sex of the insured person into account as a risk factor on the formulation of private insurance contracts? Kevin Pratt of Moneysupermarket. Today's ruling also underlines the power and importance of our Charter of Fundamental Rights.
At the moment women pay more than men because they live longer. Insurers have already shown flexibility as Belgium, Bulgaria, Cyprus, Estonia, Latvia, Lithuania, the Netherlands and Slovenia apply unisex premiums for car insurance. Mr Kemp said that removing the ability to take gender into account where relevant would ultimately have negative consequences for consumers across the board. My guess is that women were actually paying too much before the ruling and are now paying premiums that more accurately reflect their risk. The Member States concerned shall inform the Commission and ensure that accurate data relevant to the use of sex as a determining factor are compiled, published and regularly updated. The insurance industry will certainly be affected by the ruling. Is it compatible with the fundamental rights of the EU to take the sex of the insured person into account as a risk factor on the formulation of private insurance contracts? Share via Email The EU rules have done women a favour. Until now, discrimination in setting insurance rates has been explicitly permitted under EU equal treatment rules, 'if sex is a determining risk factor Kevin Pratt of Moneysupermarket. Ruling will affect life insurance costs Conor Faughnan of AA Roadwatch said the ruling was a triumph of equality over fairness - and would result in the systematic over-charging of women young women to subsidise male drivers. These figures are based on an analysis by Confused. The judges ruled that using differences between men and women as a risk factor in setting premiums for car and medical insurance and pension schemes breaches EU rules on equality. Insurers claim the judgment means that in Ireland and other EU member states, female drivers could face a significant rise in car insurance rates, with a fall in rates for men. Insurance companies can carry on discriminating between the sexes until December next year - the time when current EU equality rules are due to be reviewed. Belgian included a derogation for life insurances in its national legislation. This checklist ensures that our rules are beyond any reproach. It has the same legal value as our EU Treaties. For products such as life assurance and annuities, all 27 EU countries currently allow insurers to use sex as a risk-rating factor. But what has happened since the rules came into force? No EU legislation can be adopted that conflicts with the rights and principles guaranteed by the Charter. But today the judges followed advice from the court's Advocate-General that 'higher-ranking' equality provisions set out in the Charter of Fundamental Rights of the Lisbon Treaty must now apply. However, I also would like to underline that parts of the insurance industry have already started to move in the direction of gender equality. The Belgian Constitutional Court had, in essence, asked the following question: The verdict - which applies from December 21 - will force changes in the current standard practice across Europe of basing insurance rates on statistics about differing life expectancies or road accident records of the sexes. So what happens next?
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