Defrenne v Sabena (No 2)
Encyclopedia
Defrenne v Sabena [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.
. 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.
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.
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.
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
case, concerning direct effect and the place of social rights in the common market.
Facts
A lady named Gabrielle Defrenne worked as a stewardess for the airline SabenaSabena
SABENA was the national airline of Belgium from 1923 to 2001, with its base at Brussels National Airport. After its bankruptcy in 2001, the newly formed SN Brussels Airlines took over part of SABENA's assets in February 2002, which then became Brussels Airlines...
. 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 JusticeEuropean Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
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.
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.