## Facts

- Gabrielle Defrenne was employed as an air hostess by Sabena, a Belgian airline.
- Defrenne alleged she received lower pay than male colleagues performing equivalent work.
- At the time, Belgian law did not require equal pay for men and women.
- Defrenne sought to rely on Article 119 of the EEC Treaty, mandating Member States to ensure equal pay for equal work irrespective of sex.
- She contended that Article 119 EEC was directly effective and enforceable against private employers.

## Issues

1. Whether Article 119 EEC was sufficiently clear, precise, and unconditional to produce direct effect.
2. Whether Article 119 EEC could be enforced against private employers (horizontal direct effect).
3. Whether individuals could invoke Article 119 EEC in national courts to challenge discriminatory pay practices by private employers.

## Decision

- The ECJ determined that Article 119 EEC was clear, precise, and unconditional, thus possessing direct effect.
- The Court held individuals could rely on Article 119 EEC in national courts.
- The ECJ clarified that Article 119 EEC imposed obligations on both states and private employers (horizontal and vertical direct effect).
- Equal pay for equal work was deemed a fundamental social right enforceable under EU law, including against private employers.

## Legal Principles

- Treaty provisions that are clear, precise, and unconditional may have direct effect in national law.
- Article 119 EEC is enforceable against both public authorities and private entities, confirming its horizontal direct effect.
- The right to equal pay for equal work is recognized as a fundamental social right under EU law.
- Horizontal direct effect of Article 119 EEC extends to instances where pay discrimination is based on national law or collective agreements.

## Conclusion

The ECJ confirmed that Article 119 EEC confers horizontal direct effect, enabling individuals to enforce equal pay rights against private employers, thereby reinforcing EU protection against gender-based pay discrimination.


Defrenne v Sabena, [1976] ECR 455 (ECJ)