EUROPA - EU law and publications - EUR-Lex - EUR-Lex - 62009CA0236 - EN - Case C-236/09: Judgment of the Court (Grand Chamber) of 1 March 2011 (reference for a preliminary ruling from the Cour constitutionnelle (Belgium)) — Association Belge des Consommateurs Test-Achats ASBL, Yann van Vugt, Charles Basselier v Conseil des ministres (Reference for a preliminary ruling — Fundamental rights — Combating discrimination — Equal treatment for men and women — Access to and supply of goods and services — Insurance premiums and benefits — Actuarial factors — Sex as a factor in the assessment of insurance risks — Private life assurance contracts — ...[+++] Directive 2004/113/EC — Article 5(2) — Derogation not subject to any temporal limitation — Charter of Fundamental Rights of the European Union — Articles 21 and 23 — Invalidity) // Judgment of the Court (Grand Chamber) of 1 March 2011 (reference for a preliminary ruling from the Cour constitutionnelle (Belgium)) — Association Belge des Consommateurs Test-Achats ASBL, Yann van Vugt, Charles Basselier v Conseil des ministres // (Case C-236/09) - ( // (Reference for a preliminary ruling - Fundamental rights - Combating discrimination - Equal treatment for men and women - Access to and supply of goods and services - Insurance premiums and benefits - Actuarial factors - Sex as a factor in the assessment of insurance risks - Private life assurance contracts - Directive 2004/113/EC - Article 5(2) - Derogation not subject to any temporal limitation - Charter of Fundamental Rights of the European Union - Articles 21 and 23 - Invalidity)

When a product shows several less-than-serious risks, and its overall risk is thus not serious, urgent action may be necessary since any of the risks may materialise quite quickly.

The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering that a product presents a serious risk.

– Customer Due Diligence: Member States to ensure that enhanced due diligence must be conducted in certain situations of high risk, while allowing them to permit simplified due diligence in lower risk situations;

To this end, an inventory of risks is gradually to be compiled with a view to eliminating the worst risks and restricting new business to low-risk customers.

Additional risk capital should allow investments in promising innovations with higher risk premiums and lower return expectations than in purely commercial investments.