- Defrenne v Sabena (No 2)
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Defrenne v Sabena (No 2) Court European Court of Justice Citation(s) [1976] ECR 455, [1976] ICR 547, [1981] 1 All ER 122 Transcript(s) C-43/75 Defrenne v Sabena (No 2) [1976] ECR 455 (C-43/75) is a foundational European Union law case, concerning direct effect and the place of social rights in the common market.
Contents
Facts
A lady named Gabrielle Defrenne worked as a stewardess for the airline Sabena. The airline paid her less than her male colleagues who did the same work. Ms Defrenne complained that this violated her right to equal treatment on grounds of gender under article 119 of the Treaty of the European Community.
Judgment
The European Court of Justice held that article 119 of the Treaty of the European Community was of such a character as to have horizontal direct effect, and therefore enforceable not merely between individuals and the government, but also between private parties.
“ The prohibition on discrimination between men and women applies not only to the action of public authorities, but also extends to all agreements which are intended to regulate paid labour collectively, as well as to contracts between individuals. ” Article 141 EC was invoked which stated "Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied".
This, further to the case of Van Gend en Loos, identified the horizontal and vertical direct effect of Treaty provisions which could be invoked in national courts and hence, they would be bound to protect individual rights.
See also
- UK labour law
- European labour law
Notes
Categories:- European Union case law
- European Court of Justice
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