A 2011 Court of Justice ruling imposing unisex pricing, holding that a true correlation does not suffice to price a protected characteristic.
The Test-Achats ruling of 1 March 2011 struck down the derogation allowing rating by sex, imposing unisex pricing for every contract concluded from 21 December 2012. The Court did not dispute the reality of the correlation between sex and loss, it held that a true correlation does not suffice to treat a person according to a class they did not choose. It thereby moved the debate from the ground of truth to that of legitimacy, a question actuarial science holds no instrument to settle.
Sex remains a legitimate actuarial datum in technical provisions and reinsurance, it merely ceases to be a rating datum on the insured's bill.
arrêt Test-Achats, tarification unisexe, unisex pricing