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22 THIS APPLIES EVEN MORE IN CASES WHERE MEN AND WOMEN RECEIVE UNEQUAL PAY FOR EQUAL WORK CARRIED OUT IN THE SAME ESTABLISHMENT OR SERVICE , WHETHER PUBLIC OR PRIVATE .23 AS IS SHOWN BY THE VERY FINDINGS OF THE JUDGMENT MAKING THE REFERENCE , IN SUCH A SITUATION THE COURT IS IN A POSITION TO ESTABLISH ALL THE FACTS WHICH ENABLE IT TO DECIDE WHETHER A WOMAN WORKER IS RECEIVING LOWER PAY THAN A MALE WORKER PERFORMING THE SAME TASKS .SOCIAL POLICY - MEN AND WOMEN WORKERS - PAY - EQUALITY - DIRECT DISCRIMINATION - INDIVIDUAL RIGHTS - DATE OF TAKING EFFECT - TIME-LIMIT FIXED BY THE TREATY - RESOLUTION OF MEMBER STATES - DIRECTIVE OF COUNCIL - INEFFECTIVE TO VARY TIME-LIMIT - AMENDMENT OF TREATY - METHOD OF EFFECTING ( EEC TREATY , ARTICLES 119 AND 236 ) 3 .SOCIAL POLICY - MEN AND WOMEN WORKERS - PAY - EQUALITY - DIRECT DISCRIMINATION - INDIVIDUAL RIGHTS - CLAIMS - RETROACTIVITY - LEGAL CERTAINTY ( EEC TREATY , ARTICLE 119 ) 4 .- The principle that men and women should receive equal pay for equal work. European Court reports 1976 Page 00455 Greek special edition Page 00175 Portuguese special edition Page 00193 Spanish special edition Page 00173 Swedish special edition Page 00059 Finnish special edition Page 00063 1 .SOCIAL POLICY - MEN AND WOMEN WORKERS - PAY - EQUALITY - DIRECT DISCRIMINATION - INDIVIDUAL RIGHTS - PROTECTION BY NATIONAL COURTS ( EEC TREATY , ARTICLE 119 ) 2 .APART FROM ANY SPECIFIC PROVISIONS , THE TREATY CAN ONLY BE MODIFIED BY MEANS OF THE AMENDMENT PROCEDURE CARRIED OUT IN ACCORDANCE WITH ARTICLE 236 .( B ) IN THE ABSENCE OF TRANSITIONAL PROVISIONS , THE PRINCIPLE THAT MEN AND WOMEN SHOULD RECEIVE EQUAL PAY HAS BEEN FULLY EFFECTIVE IN THE NEW MEMBER STATES SINCE THE ENTRY INTO FORCE OF THE ACCESSION TREATY , THAT IS , SINCE 1 JANUARY 1973 .

15 IN PARTICULAR , SINCE ARTICLE 119 APPEARS IN THE CONTEXT OF THE HARMONIZATION OF WORKING CONDITIONS WHILE THE IMPROVEMENT IS BEING MAINTAINED , THE OBJECTION THAT THE TERMS OF THIS ARTICLE MAY BE OBSERVED IN OTHER WAYS THAN BY RAISING THE LOWEST SALARIES MAY BE SET ASIDE .10 SECONDLY , THIS PROVISION FORMS PART OF THE SOCIAL OBJECTIVES OF THE COMMUNITY , WHICH IS NOT MERELY AN ECONOMIC UNION , BUT IS AT THE SAME TIME INTENDED , BY COMMON ACTION , TO ENSURE SOCIAL PROGRESS AND SEEK THE CONSTANT IMPROVEMENT OF THE LIVING AND WORKING CONDITIONS OF THEIR PEOPLES , AS IS EMPHASIZED BY THE PREAMBLE TO THE TREATY .11 THIS AIM IS ACCENTUATED BY THE INSERTION OF ARTICLE 119 INTO THE BODY OF A CHAPTER DEVOTED TO SOCIAL POLICY WHOSE PRELIMINARY PROVISION , ARTICLE 117 , MARKS ' THE NEED TO PROMOTE IMPROVED WORKING CONDITIONS AND AN IMPROVED STANDARD OF LIVING FOR WORKERS , SO AS TO MAKE POSSIBLE THEIR HARMONIZATION WHILE THE IMPROVEMENT IS BEING MAINTAINED ' .24 IN SUCH SITUATION , AT LEAST , ARTICLE 119 IS DIRECTLY APPLICABLE AND MAY THUS GIVE RISE TO INDIVIDUAL RIGHTS WHICH THE COURTS MUST PROTECT .25 FURTHERMORE , AS REGARDS EQUAL WORK , AS A GENERAL RULE , THE NATIONAL LEGISLATIVE PROVISIONS ADOPTED FOR THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL PAY AS A RULE MERELY REPRODUCE THE SUBSTANCE OF THE TERMS OF ARTICLE 119 AS REGARDS THE DIRECT FORMS OF DISCRIMINATION . Gabrielle Defrenne v Société anonyme belge de navigation aérienne Sabena.Reference for a preliminary ruling: Cour du travail de Bruxelles - Belgium. Gabrielle Defrenne v Société anonyme belge de navigation aérienne Sabena.16 UNDER THE TERMS OF THE FIRST PARAGRAPH OF ARTICLE 119 , THE MEMBER STATES ARE BOUND TO ENSURE AND MAINTAIN ' THE APPLICATION OF THE PRINCIPLE THAT MEN AND WOMEN SHOULD RECEIVE EQUAL PAY FOR EQUAL WORK ' .17 THE SECOND AND THIRD PARAGRAPHS OF THE SAME ARTICLE ADD A CERTAIN NUMBER OF DETAILS CONCERNING THE CONCEPTS OF PAY AND WORK REFERRED TO IN THE FIRST PARAGRAPH .The principle that men and women should receive equal pay for equal work. Reference for a preliminary ruling: Cour du travail de Bruxelles - Belgium. - Gabrielle Defrenne v Société anonyme belge de navigation aérienne Sabena.The principle that men and women should receive equal pay for equal work. - Reference for a preliminary ruling: Cour du travail de Bruxelles - Belgium.

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