Defrenne v. Societe Anonyme Belge De Navigation Aerienne Sabena
FACTS
-Female flight attendant required to k to cease employment when reached certain age, male flight attendant not required to. (Dealing with direct effect of regulation to employer between employee and employer).
RULES
[TFEU 157] Right to equal pay for equal work.
ANALYSIS
-Question of direct effect of 157 must be considered in the light of the nature of the principle of equal pay, the aim of this provision and its place in the scheme of the treaty.
-Double Aim: 1. avoid negative competition resulting from certain states having equal pay and others not, 2. forms part of social objectives of Community, which is intended to be not only an economic union but also ensure social progress and seek constant improvement of living and working conditions of its people.
-Principle of equal pay forms part of the foundation of the Community.
-In a situation, such as this one, where the court has establish the facts which enable it to decide whether a woman worker is receiving lower pay than a male worker performing the same tasks, the article is directly applicable and thus gives rise to individual rights which the court must protect (direct effect - horizontal).
If provision formally addressed to member states does it have direct effect?
-Yes, the direct effect of a provision is not excluded by the fact that it is formally addressed to the Member States, because such a circumstance “does not prevent rights from being conferred at the same time on any individual who has an interest in the performance of the duties thus laid down.” -Since article is MANDATORY in nature, the prohibition on discrimination between men and women applies not only to the action of public authorities, but extends to ALL agreements which are intended to regulate paid labor collectively, as well as to contracts between individuals.
(Not retroactive re: claims before court’s judgment. As a general rule, the Court treats its judgments recognizing the direct effect of a treaty as applying retroactively.)
FACTS
-Female flight attendant required to k to cease employment when reached certain age, male flight attendant not required to. (Dealing with direct effect of regulation to employer between employee and employer).
RULES
[TFEU 157] Right to equal pay for equal work.
ANALYSIS
-Question of direct effect of 157 must be considered in the light of the nature of the principle of equal pay, the aim of this provision and its place in the scheme of the treaty.
-Double Aim: 1. avoid negative competition resulting from certain states having equal pay and others not, 2. forms part of social objectives of Community, which is intended to be not only an economic union but also ensure social progress and seek constant improvement of living and working conditions of its people.
-Principle of equal pay forms part of the foundation of the Community.
-In a situation, such as this one, where the court has establish the facts which enable it to decide whether a woman worker is receiving lower pay than a male worker performing the same tasks, the article is directly applicable and thus gives rise to individual rights which the court must protect (direct effect - horizontal).
If provision formally addressed to member states does it have direct effect?
-Yes, the direct effect of a provision is not excluded by the fact that it is formally addressed to the Member States, because such a circumstance “does not prevent rights from being conferred at the same time on any individual who has an interest in the performance of the duties thus laid down.” -Since article is MANDATORY in nature, the prohibition on discrimination between men and women applies not only to the action of public authorities, but extends to ALL agreements which are intended to regulate paid labor collectively, as well as to contracts between individuals.
(Not retroactive re: claims before court’s judgment. As a general rule, the Court treats its judgments recognizing the direct effect of a treaty as applying retroactively.)
No comments:
Post a Comment