The law is an ass
In the discussions of this ECJ ruling I have heard time and time again 'Insurers are just greedy bastards' and words to that effect.
Insurance, and re-insurance, is just a business. It needs to make profits to survive just like any other business. And, like all other businesses insurers are in direct competition with other insurers.
So, unless you can prove collusion and price fixing within the industry each insurer must try to keep their costs, and thus premiums down to the minimum that they can. This is simple business sense.
Another, often voiced, claim is that insurers think that one group of people are 'better' or 'worse' drivers than another group. this is just untrue. The insurers _know_ that one group of people is a higher risk than another. And another group is a much lower risk than others. Yes this is based on statistics. And it is based on actual experience.
If I do a SELECT on my claims database, and group the output to show total payments, broken by age ranges, and split by gender, then the output, from a history of actual claims, is obvious. Younger males are a greater risk than older females. This is a fact. I don't care if you scream discrimination, all motor insurers will be able to show the same outputs from their own data. Facts do not discriminate. They are just facts.
So, this judgment is purely social engineering. Trying to ignore reality and impose a world view on to facts that doesn't fit, damages, not only the businesses it relates to, but the people who use those businesses.
If we take into account age as well, then similar data mining will show the obvious results. Women, on average, live longer than men. Don't blame me for this, it too is a fact. On average men have different medical histories than women. No matter how loud you demand that these be made equal, it won't happen. These are facts. And facts do not care what social engineers think.