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. 

 

 

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.