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Test-Achats: Why The European Court Of Justice Should Rethink Its Principle Of Equal Treatment Jurisprudence In The Context Of Sex Discrimination, Alexander Goodenough

Alexander Goodenough

The European Court of Justice found in Assoc. belge des Consommateurs Test-Achats ASBL v. Conseil des Ministres that the use of gender by insurance companies to assess statistical risks is unlawful under the Charter of Fundamental Rights of the European Union. This ruling has very important implications for the provision of insurance within the European Union. My article argues that the European Court of Justice’s opinion in Test-Achats is not only damaging to the European insurance industry but also contrary to the European Court of Justice’s own jurisprudence.