These Regulations amend the Equality Act 2010 to reflect a change to European Union law consequent on the ruling by the Court of Justice of the European Union in Case C-236/09 of 1st March 2011 (Association Belge des Consommateurs Test-Achats ASBL and Others v Council). In that case, the Court ruled that Article 5(2) of Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (the “Gender Directive”) is invalid with effect from 21st December 2012. Article 5(2) provides that Member States may permit proportionate differences in individuals' premiums and benefits where the use of sex is a determining factor in the assessment of risk based on relevant and accurate actuarial and statistical data.