STATEMENTS MADE IN THE COURSE OF THE PROCEEDINGS THIS PROVISION IS FAR FROM MERELY REFERRING THE MATTER TO THE POWERS OF THE NATIONAL LEGISLATIVE AUTHORITIES .
37 THEREFORE , THE REFERENCE TO ' MEMBER STATES ' IN ARTICLE 119 CANNOT BE INTERPRETED AS EXCLUDING THE INTERVENTION OF THE COURTS IN DIRECT APPLICATION OF THE TREATY .
38 FURTHERMORE IT IS NOT POSSIBLE TO SUSTAIN ANY OBJECTION THAT THE APPLICATION BY NATIONAL COURTS OF THE PRINCIPLE OF EQUAL PAY WOULD AMOUNT TO MODIFYING INDEPENDENT AGREEMENTS CONCLUDED PRIVATELY OR IN THE SPHERE OF INDUSTRIAL RELATIONS SUCH AS INDIVIDUAL CONTRACTS AND COLLECTIVE LABOUR AGREEMENTS .
39 IN FACT , SINCE ARTICLE 119 IS MANDATORY IN NATURE , 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 LABOUR COLLECTIVELY , AS WELL AS TO CONTRACTS BETWEEN INDIVIDUALS .
40 THE REPLY TO THE FIRST QUESTION MUST THEREFORE BE THAT THE PRINCIPLE OF EQUAL PAY CONTAINED IN ARTICLE 119 MAY BE RELIED UPON BEFORE THE NATIONAL COURTS AND THAT THESE COURTS HAVE A DUTY TO ENSURE THE PROTECTION OF THE RIGHTS WHICH THIS PROVISION VESTS IN INDIVIDUALS , IN PARTICULAR AS REGARDS THOSE TYPES OF DISCRIMINATION ARISING DIRECTLY FROM LEGISLATIVE PROVISIONS OR COLLECTIVE LABOUR AGREEMENTS , AS WELL AS IN CASES IN WHICH MEN AND WOMEN RECEIVE UNEQUAL PAY FOR EQUAL WORK WHICH IS CARRIED OUT IN THE SAME ESTABLISHMENT OR SERVICE , WHETHER PRIVATE OR PUBLIC .
THE SECOND QUESTION ( IMPLEMENTATION OF ARTICLE 119 AND POWERS OF THE COMMUNITY AND OF THE MEMBER STATES )
41 THE SECOND QUESTION ASKS WHETHER ARTICLE 119 HAS BECOME ' APPLICABLE IN THE INTERNAL LAW OF THE MEMBER STATES BY VIRTUE OF MEASURES ADOPTED BY THE AUTHORITIES OF THE EUROPEAN ECONOMIC COMMUNITY ' , OR WHETHER THE NATIONAL LEGISLATURE MUST ' BE REGARDED AS ALONE COMPETENT IN THIS MATTER ' .
42 IN ACCORDANCE WITH WHAT HAS BEEN SET OUT ABOVE , IT IS APPROPRIATE TO JOIN TO THIS QUESTION THE PROBLEM OF THE DATE FROM WHICH ARTICLE 119 MUST BE REGARDED AS HAVING DIRECT EFFECT .
43 IN THE LIGHT OF ALL THESE PROBLEMS IT IS FIRST NECESSARY TO ESTABLISH THE CHRONOLOGICAL ORDER OF THE MEASURES TAKEN ON A COMMUNITY LEVEL TO ENSURE THE IMPLEMENTATION OF THE PROVISION WHOSE INTERPRETATION IS REQUESTED .
44 ARTICLE 119 ITSELF PROVIDES THAT THE APPLICATION OF THE PRINCIPLE OF EQUAL PAY WAS TO BE UNIFORMLY ENSURED BY THE END OF THE FIRST STAGE OF THE TRANSITIONAL PERIOD AT THE LATEST .
45 THE INFORMATION SUPPLIED BY THE COMMISSION REVEALS THE EXISTENCE OF IMPORTANT DIFFERENCES AND DISCREPANCIES BETWEEN THE VARIOUS STATES IN THE IMPLEMENTATION OF THIS PRINCIPLE .
46 ALTHOUGH , IN CERTAIN MEMBER STATES , THE PRINCIPLE HAD ALREADY LARGELY BEEN PUT INTO PRACTICE BEFORE THE ENTRY INTO FORCE OF THE TREATY , EITHER BY MEANS OF EXPRESS CONSTITUTIONAL AND LEGISLATIVE PROVISIONS OR BY SOCIAL PRACTICES ESTABLISHED BY COLLECTIVE