Defrenne versus Sabena case 2
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| The European Court of Justice, in its Judgment of 8 April 1976 passed sentence in the case of the Belgian Gabrielle Defrenne, who worked at the SABENA Airlines as a stewardess. Ms Defrenne had to retire at the age of 40 according to her labour contract. This limitation did not relate to men, and they enjoyed wage advantage because they could work longer, as they could work after their forties. The Belgian Court of Labour in its preliminary decision-making process addressed the European Court of Justice concerning the application of Article 119 of the Treaty of Rome 1957 which announced that equal pay for male and female workers for equal work had to be applied. The Court of Justice announced that Article 119 was among the basic principles of the Community and was mandatory not only to the action between public authorities and citizens (vertically) but also to actions between citizens and private companies as well (horizontally). Consequently Ms Defrenne could refer to this Article in her labour case and the Belgian Court had to apply it in its decision as well. |  |