Posted on 28. March 2011 in Press

European Court of Justice ends discrimination for trans people in insurance

Judges rule that higher or extra premiums on basis of gender states discrimination. Article 5 of Gender Goods & Services Directive (2004/113/EC) becomes void from December 2012.


On March 1st, 2011 the Court of Justice of the European Union declared that Art 5 of the Gender Goods and Services Directive (2004/113/EC) is void

The Court states (as we read in the press release)  there is a risk that EU law may permit the derogation from the equal treatment of men and women, provided for by the Directive,  to persist indefinitely.

A provision which thus enables the Member States in question to maintain without temporal limitation an exemption from the rule of unisex premiums and benefits works against the achievement of the objective of equal treatment  between men and women and must be considered to  be invalid upon the expiry of an appropriate transitional period.

Consequently, the Court rules that, in the insurance services sector,  the  derogation from the general rule of unisex premiums and benefits is invalid with effect from 21 December 2012.

Trans people will benefit from the Courts decision thanks to the unisex policy, which should end all insurance-based problems linked to legal gender reassignment

See official press release for details.

Find the text of the judgement here.