‘Flight Crew v. Cabin Crew – One of these things is not like the other’: A critical reflection on <i>Air Nostrum C-314/23</i>

In October 2024, the Court of Justice in Air Nostrum C-314/23 delivered a judgment on the issue of meal allowance for the flight and cabin crew of the Spanish airline Air Nostrum. The cabin crew (predominantly women) received a significantly lower daily subsistence allowance than the flight crew (predominantly men). The Court operationalised a formal equality approach in its decision. This article highlights three main issues involved in the case: broader interpretation of pay; indirect discrimination based on sex; as well as separate collective bargaining agreements for the flight and cabin crews. Lastly, it discusses the horizontal segregation in the aviation sector against the backdrop of this case. It highlights the manner in which the decision could have included the dimension of substantive equality taking into account such occupational segregation.