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.

Citation
Case 43/75, [1976] ECR 455
Court
Court of Justice of the European Union
Year
1976
Subject
EU Law
Topic
Direct effect of Treaty articles and regulations

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.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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