Austria: Commercial Court Vienna Violates European Union Law – Without Consequences (reported by Dr Helmut Graupner)

The Court found no gender-discrimination in the exclusion of gender assignment surgeries from a (private company) health insurance contract arguing that all kinds of gender assignment surgeries are excluded and no difference made between female-to-male and male-to-female. An argument the CJEU has rejected repeatedly since its first gender identity judgment back in 1996.

Despite that the Commercial Court Vienna, the final instance in the case, alleged that its judgment would be in line with the constant CJEU case-law (!) and refused to refer the case to the CJEU.  

https://www.derstandard.at/story/3000000214100/das-handelsgericht-wien-bricht-eu-recht-folgenlos