Defrenne v. Sabena (No. 2)

In December 1951, Gabrielle Defrenne (plaintiff) began work as an air hostess for Société Anonyme Belge de Navigation Aérienne (Sabena) (defendant). In February 1968, Defrenne left employment with Sabena pursuant to her employment contract, which terminated Defrenne’s employment upon her fortieth birthday. Sabena provided Defrenne with an allowance upon the termination of her service. Defrenne sued over her termination in the Brussels court of labor. At the time, Belgium was a signatory to the Treaty of Rome the treaty), which founded the European Economic Community (EEC) upon certain shared principles. Defrenne argued that under Article 119 of the treaty, she was entitled to equal pay and work conditions with her male counterparts. On appeal, the governments of the United Kingdom and Ireland intervened in the suit. The government of the United Kingdom asserted that rights under the treaty required implementation by the legislatures of individual signatory states before an individual could sue to protect rights under the treaty. The government of the United Kingdom argued the court could not impose duties to signatory states without national implementing legislation. The government of Ireland argued the treaty contained two types of provisions: provisions creating individual rights and provisions imposing obligations on signatory states. The government of Ireland argued that national courts must implement only those provisions creating individual rights and that Article 119 was a provision imposing obligations on signatory states, requiring the states to enact legislation on equal pay and working conditions.