Directive 2004/113 / EC
 Directive 2004/113 / EC |
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|---|---|
| Title: | Council Directive 2004/113 / EC of December 13, 2004 on the implementation of the principle of equal treatment for men and women in access to and supply of goods and services |
| Designation: (not official) |
Equal treatment guideline Second gender guideline Fourth equality guideline Equal treatment guideline because of gender outside the world of work Unisex guideline |
| Scope: | EEA |
| Legal matter: | Anti-discrimination law, consumer protection |
| Basis: | EC Treaty , in particular Article 13 paragraph 1 |
| Procedure overview: |
European Commission European Parliament IPEX Wiki |
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To be implemented in national law by: |
December 21, 2007 |
| Reference: | OJ L 373 of December 21, 2004, pp. 37-43 |
| Full text |
Consolidated version (not official) basic version |
| The regulation must have been implemented in national law. | |
| Please note the information on the current version of legal acts of the European Union ! | |
The Directive 2004/113 / EC of 13 December 2004 implementing the principle of equal treatment of women and men in the access to and supply of goods and services regulates a uniform level of protection for the realization of the principle of equal treatment of men and women in Access to and the supply of goods and services. The regulations apply to the member states of the European Union .
Special significance of the Directive by the decision of the Court on 1 March 2011 (AZ: C-236/09) obtained, after which all newly concluded insurance contracts as of 21 December 2012, the calculation basis on unisex rates shall be based. This restricts the freedom of contract . The European Court of Justice referred to the directive and resolved the legal situation that had become vacant, which from 2004 still allowed for a transition from the unisex tariff in national legislation for a transitional period of initially five years if the gender was based on relevant and accurate actuarial and statistical data is a determining factor.
Goals and implementation
The directive aims to create a framework with minimum requirements for combating gender-specific (direct) indirect discrimination (including harassment) in the access to and supply of goods and services in order to implement the principle of equal treatment for men and women in the Member States. In principle, it is irrelevant whether the transactions take place in public or private areas, whereby private life as a family law area is left out.
In particular, the “gender factor” when calculating premiums and benefits in the insurance sector and related financial services does not lead to different premiums and benefits. In addition, costs in connection (events affecting women only) with pregnancy and maternity must under no circumstances lead to different premiums and benefits. As of December 21, 2012, this is finally binding by the European judge's ruling.
Legal protection
The member states set up bodies that are involved in promoting equal treatment. Legal and / or administrative channels are also open to compliance with the directive. In addition, arbitration procedures are provided even after a discrimination matter has been settled. Compensation or replacement obligations are regulated. By victimization an undisturbed procedure should be guaranteed in the event of a complaint or other law enforcement.
See also
- Prohibition of discrimination # Legal framework
- General Equal Treatment Act # European legal background
- Pink Tax
