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The relationship between the principle of gender equality and insurance has always been a difficult one. On the one hand, gender equality is a fundamental principle of EU law; on the other hand, traditionally the insurance industry has taken gender into consideration when pricing insurance policies. For a long time this relationship has not been challenged and, as a result, this area has remained unregulated. This, however, has changed thanks in particular to the adoption of Directive 2004/113, the Test-Achats decision of the European Court of Justice and the Guidelines issued by the European Commission. This article aims to offer some thoughts on this complex area of law and to contribute to what is likely to become a growing debate. It argues that, despite the legislative and policy intervention, this area of law remains opaque and further clarification is necessary.
