Friday, March 23, 2012

Defrenne v. Societe Anonyme Belge de Navigation Aerienne Sabena case brief

Defrenne v. Societe Anonyme Belge de Navigation Aerienne Sabena

-Art. 141 (ex 119) – flight attendant of Sabena required to cease employment because of age
equal pay for equal work – requires that MS “ensure and subsequently maintain” this principle sounds like
it needs implementation (positive) prevent race to the bottom or unfair competition, and ensure social progress
forms part of foundations of the Community

-Distinguishes between direct and overt discrimination from indirect and disguised discrimination
horizontal direct effect - even though wording is directed at MS, the prohibition on discrimination applies
not only to 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 few other provisions give rise to HDE competition law (81 & 82), nationality discrimination (39) but, should not be given direct effect in support of claims for periods of work prior to date of judgment (except for claims already filed).
-No retroactivity of direct effect

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