Defrenne v Sabena (No 2)
The principle of equal pay for men and women in the Treaty has direct effect against both public bodies and private employers, but only for claims from the date of the judgment.
Facts
Gabrielle Defrenne was an air hostess with Sabena, the Belgian national airline. She was paid less than male cabin stewards who did the same work. She claimed that this breached article 119 of the EEC Treaty, now article 157 of the Treaty on the Functioning of the European Union, which required Member States to ensure the principle that men and women should receive equal pay for equal work. The Belgian court asked the Court of Justice whether she could rely on article 119 against Sabena.
Legal principle
The Court of Justice held that article 119 had direct effect, both vertically against the state and horizontally against private employers, because the prohibition on discrimination applies to all agreements intended to regulate paid labour collectively, as well as to contracts between individuals. The principle of equal pay forms part of the foundations of the Community, which is not merely an economic union but is at the same time intended to ensure social progress. However, because of the serious financial consequences for employers, the Court held that the direct effect could not be relied on for pay periods before the date of the judgment, except by those who had already brought proceedings.
Related cases on direct effect of Treaty articles and regulations
- Angonese v Cassa di Risparmio di Bolzano SpA Case C-281/98, [2000] ECR I-4139
- Commission v Italy (Premiums for slaughtering cows) Case 39/72, [1973] ECR 101
- Courage Ltd v Crehan Case C-453/99, [2001] ECR I-6297
- Grad v Finanzamt Traunstein Case 9/70, [1970] ECR 825
- Leonesio v Italian Ministry of Agriculture and Forestry Case 93/71, [1972] ECR 287
- Muñoz y Cia SA v Frumar Ltd Case C-253/00, [2002] ECR I-7289
- Politi SAS v Ministry for Finance of the Italian Republic Case 43/71, [1971] ECR 1039
- Reyners v Belgium Case 2/74, [1974] ECR 631
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