1.

SLAJD
- Hello my name is Sara ( hello my name is Antonija) and today we are going to talk about
case named Defrenne II.
- Which you are already familiar with
2. SLAJD
- First we are going to introduce you to the case
- Then we will go through some details like facts and subjets
- We will talk about why this case is important and about article 119
- Then, what kind of verdict the judges made and finally we have a short quiz on Merlin so
pay attention
3. SLAJD
- In order to introduce you to the case it is important to mention
- That principle of equality between the sexes is now recognised as a cornerstone of EC
Law
- However despite the reference to „equal pay for equal work“ in article 199 now is
number 144 of the Treaty of Rome the impact of European law on the promotion of
social and economic goals was not widely recognized in the early days of European
integration
- Later more about this
- And here is shown full name of the case so case…
4. SLAJD
- More about facts and subjets
- So, Sabena argued that Article 119 was concered with the relationship between
individuals and this is known as horizontal direct effect
- And Vertical direct effect arises where a Threathy obligation falls on a Member state
itself and reflects the relationship between the individual and the State
- Therefore, according to Sabena, it was not suited to produce direct effects
- That is bc article 119 was intended to be implemented by Member States by the end of
the transitional period (December 1961).
- Although this deadline was moved to the end of 1964, it had still not been met at that
date by several Member States
- The Commission had threatened to bring infringement proceedings against Member
States not complying by July 1973, but this threat was never carried out.
- And finally in February 1975 the Council issued the Equal Pay Directive

5. SLAJD
- For this case is essential to understand those two effect and like i said on previous page
about that this is just to remind you about effects
- Vertical is legal action…..

6. SLAJD
- So Article has a double aim and first one is to avoid a situation where an undertaking
located in a non-discriminatory country is at a disadvantage compared to an undertaking
in a country where this is not yet regulated.
- And second one to promote social progress and the continuous improvement of the
living conditions of all European peoples
- It is important to say here that retroactive effects of this decision are restricted
- Ms. Defrenne said that……
7. SLAJD
- In conclusion, the prohibition on discrimination between men and women applies not
only to the action of public authorities but also extends to all agreements which are
intended to regulate paid labor collectively as well as to contracts between individuals
- Therefore, Ms. Defrenne’s claim succeeded.
- - Defrenne II is a significant case that is still being taught in the teaching of EU law and is
considered a key case that has recognized the horizontal direct effect of the principle of
equal pay and equality in the work space