Defrenne v Sabena (No 2) ([1976] ECR 455) is a landmark European Union law case concerning the principle of equal pay for equal work between men and women. It established a crucial precedent for the application of Article 119 of the Treaty of the European Economic Community (EEC) – later Article 141, and now Article 157 of the Treaty on the Functioning of the European Union (TFEU) – on equal pay for equal work.
Background: The case involved a female flight attendant, Délienne Defrenne, who sued Sabena Belgian World Airlines for paying her less than her male counterparts for performing the same work. The earlier case, Defrenne v Sabena (No 1), had already established the principle of direct discrimination, but Defrenne (No 2) went further.
Judgment: The European Court of Justice (ECJ) ruled that Article 119 (now Article 157 TFEU) had direct effect, meaning that individuals could rely on it directly to bring claims before national courts. This was a significant development, as it made the principle of equal pay enforceable at a national level without needing further implementation by member states. The court held that the article prohibited not only direct discrimination (e.g., openly paying women less) but also indirect discrimination, where apparently neutral rules disproportionately affect women.
Significance: Defrenne v Sabena (No 2) significantly strengthened the protection of equal pay for women across the European Union. By establishing the direct effect of Article 119, the ECJ empowered individuals to challenge unequal pay practices within their own national legal systems, making the principle a tangible right rather than just an aspirational goal. This ruling represents a fundamental step forward in the fight for gender equality in the workplace within the EU. The case's influence continues to shape interpretations of EU law on equality and discrimination.