Case 1: Article 119 of the European Economic Community Treaty (one of the constituent treaties of the European Union) provides that member states must "ensure and ...maintain the application of the principle that men and women should receive equal pay for equal work."
A female flight attendant who is employed by the State J National Airline has brought suit in a State J court against the airline and State J, a member state of the EU that has taken no legislative action to implement the requirements of Article 119. The flight attendant's suit claims that she and other female flight attendants are being discriminated against in violation of Article 119 because the airline pay them only 68 percent of the salary that it pays its male flight attendants who do exactly the same job. The defendants have asked the court to dismiss the complaint on the ground that State J has enacted no implementing legislation to make Article 119 effective within State J. Should the case be dismissed? Explain, with detailed references to relevant cases in our textbook.