As you will no doubt have heard this week, the Court of Justice of the European Union (ECJ) published its ruling on the use of gender in insurance risk assessment and pricing.

Following this, the UK government looks set to endorse a controversial gender directive from the European Commission that will make it illegal for insurance companies to take into account differences in sex when setting insurance premiums, according to This is London.

What today’s ruling means

Today’s ruling confirms that to take gender into account as a risk factor in insurance contracts is incompatible with the fundamental rights protected in the Treaty on European Union. It will be illegal to do so in insurance contracts from 21 December 2012.

Insurance companies and pension funds have also hit out at the draft directive, claiming it could force women to pay higher car insurance, in defiance of statistical evidence which shows women are less likely to be involved in a car accident than men.

Men are also set to lose out on pension funds, whose lifespan is on average five years shorter than women’s, with annual income from a £100,000 retirement annuity likely to shrink by an average of £221 to £7,178.

The ECJ ruling also points out that the existing derogation was accepted provided there was an appropriate transition period for the introduction of unisex rates. The 2007 ruling did not specify a time limit and the Court have now ruled that the derogation from the general rule of unisex premiums and benefits will be invalid with effect from 21 December 2012.

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