THE COURT THUS ACKNOWLEDGED THAT BENEFITS TIED TO A NATIONAL SCHEME WHICH LAYS DOWN A DIFFERENT MINIMUM PENSIONABLE AGE FOR MEN AND WOMEN MAY LIE OUTSIDE THE AMBIT OF THE AFOREMENTIONED OBLIGATION . THEY MAY THEREFORE BE SET UP AGAINST SECTION 6 ( 4 ) OF THE SEX DISCRIMINATION ACT , WHICH , ACCORDING TO THE DECISIONS OF THE COURT OF APPEAL , HAS BEEN EXTENDED TO THE QUESTION OF COMPULSORY RETIREMENT AND HAS THEREFORE BECOME INEFFECTIVE TO PREVENT DISMISSALS BASED UPON THE DIFFERENCE IN RETIREMENT AGES FOR MEN AND FOR WOMEN . Member State. ( 2)IF THE ANSWER TO ( 1 ) ABOVE IS IN THE AFFIRMATIVE , WHETHER OR NOT THE EQUAL TREATMENT DIRECTIVE CAN BE RELIED UPON BY THE APPELLANT IN THE CIRCUMSTANCES OF THE PRESENT CASE IN NATIONAL COURTS OR TRIBUNALS NOTWITHSTANDING THE INCONSISTENCY ( IF ANY ) BETWEEN THE DIRECTIVE AND SECTION 6 ( 4 ) OF THE SEX DISCRIMINATION ACT . This, she The Court made reference of two questions for preliminary ruling to the European Court of Justice (ECJ): Advocate General Slynn argued the state should be construed broadly, to cover all organs, saying that insinuating horizontal effect[1][2] into directives would totally blur the distinction between EU directives and regulations'. 33 ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 PROVIDES THAT APPLICATION OF THE PRINCIPLE OF EQUAL TREATMENT WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , MEANS THAT MEN AND WOMEN ARE TO BE GUARANTEED THE SAME CONDITIONS WITHOUT DISCRIMINATION ON GROUNDS OF SEX . Therefore unlike regulations and most treaty provisions, directives do not come into force immediately but require incorporation into national law in order to come into effect. provisions were fully effective, in accordance with the objective pursued by Ms Marshall did succeed in her Case 152/84. 1/1. - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. [Case closed] Main proceedings. Marshall argued that her employer would not have been able to treat a man the same way as they were able to treat her. CONSEQUENTLY , A MEMBER STATE WHICH HAS NOT ADOPTED THE IMPLEMENTING MEASURES REQUIRED BY THE DIRECTIVE WITHIN THE PRESCRIBED PERIOD MAY NOT PLEAD , AS AGAINST INDIVIDUALS , ITS OWN FAILURE TO PERFORM THE OBLIGATIONS WHICH THE DIRECTIVE ENTAILS . discrimination on grounds of sex, contrary to the Equal Treatment Directive ARTICLE 5 ( 1 ) OF COUNCIL DIRECTIVE NO 76/207 , WHICH PROHIBITS ANY DISCRIMINATION ON GROUNDS OF SEX WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , MAY BE RELIED UPON AS AGAINST A STATE AUTHORITY ACTING IN ITS CAPACITY AS EMPLOYER , IN ORDER TO AVOID THE APPLICATION OF ANY NATIONAL PROVISION WHICH DOES NOT CONFORM TO ARTICLE 5 ( 1 ). v. Smales and Sons [1985] (Unreported - but see EOC, 1985). She claimed damages, but the national law had set a limit on the amount of damages claimable which was . In Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] ECR 723, the Court of Justice created an artificial and arbitrary barrier to the horizontal enforcement of directives. their claims by judicial process. These opinions are available as Adobe Acrobat PDF documents. Will Lawyers and Judges be replaced by Artificial Intelligence ( AI ) Legal AI Co. CaseMine Launches English Law Research System. Southampton and South-West Hamp.shire Area Health Authority (Teaching) [1986] 2 W.L.R. ( 2 ) ARTICLE 5 ( 1 ) OF COUNCIL DIRECTIVE NO 76/207 OF 9 FEBRUARY 1976 , WHICH PROHIBITS ANY DISCRIMINATION ON GROUNDS OF SEX WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , MAY BE RELIED UPON AS AGAINST A STATE AUTHORITY ACTING IN ITS CAPACITY AS EMPLOYER , IN ORDER TO AVOID THE APPLICATION OF ANY NATIONAL PROVISION WHICH DOES NOT CONFORM TO ARTICLE 5 ( 1 ). action, however, as the ECJ held that the Health Authority was an organ of 45 FINALLY , BOTH THE RESPONDENT AND THE UNITED KINGDOM TAKE THE VIEW THAT THE PROVISIONS OF DIRECTIVE NO 76/207 ARE NEITHER UNCONDITIONAL NOR SUFFICIENTLY CLEAR AND PRECISE TO GIVE RISE TO DIRECT EFFECT . It concerned a Miss Marshall who had been employed as a Senior Dietician with the Southampton and South West Hampshire Area Health Authority (Teaching) from the 23rd of May 1974 until her dismissal on the 31st of March 1980, that is to say four weeks after she reached the age of 62. effect) of Union law would be diminished if individuals were not able to obtain WHERE AN EMPLOYEE CONTINUES IN EMPLOYMENT AFTER THAT AGE , PAYMENT OF THE STATE PENSION OR OF THE PENSION UNDER AN OCCUPATIONAL PENSION SCHEME IS DEFERRED . 1 BY AN ORDER OF 12 MARCH 1984 , WHICH WAS RECEIVED AT THE COURT ON 19 JUNE 1984 , THE COURT OF APPEAL OF ENGLAND AND WALES REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TWO QUESTIONS ON THE INTERPRETATION OF COUNCIL DIRECTIVE NO 76/207/EEC OF 9 FEBRUARY 1976 ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN AS REGARDS ACCESS TO EMPLOYMENT , VOCATIONAL TRAINING AND PROMOTION , AND WORKING CONDITIONS ( OFFICIAL JOURNAL 1976 , L 39 , P . Wizard Card Game Hogwarts, [39] [I]t is necessary to consider whether Article 5(1) of Directive No. IN EITHER CASE IT IS NECESSARY TO PREVENT THE STATE FROM TAKING ADVANTAGE OF ITS OWN FAILURE TO COMPLY WITH COMMUNITY LAW . The wide scope of public Authorities was left to the national courts of Member states. article 6, since it limited the amount of compensation a priori to a level, which as a result of discriminatory dismissal. 4 ON 31 MARCH 1980 , THAT IS TO SAY APPROXIMATELY FOUR WEEKS AFTER SHE HAD ATTAINED THE AGE OF 62 , THE APPELLANT WAS DISMISSED , NOTWITHSTANDING THAT SHE HAD EXPRESSED HER WILLINGNESS TO CONTINUE IN THE EMPLOYMENT UNTIL SHE REACHED THE AGE OF 65 , THAT IS TO SAY UNTIL 4 FEBRUARY 1983 . 29 THE RESPONDENT CONSIDERS THAT THE PROVISION OF A STATE PENSION CONSTITUTES AN ASPECT OF SOCIAL SECURITY AND THEREFORE FALLS WITHIN THE SCOPE NOT OF DIRECTIVE NO 76/207 BUT OF DIRECTIVE NO 79/7 , WHICH RESERVES TO THE MEMBER STATES THE RIGHT TO IMPOSE DIFFERENT AGES FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO STATE PENSIONS . Betting. Wells et al. Is the law in this area satisfactory? ECJ said that limits to compensation go against the meaning of the directive, whose objective is the FULL compensation of unequal treatment, while interest must be payable since full compensation needs to take into account the passage of time. definition of the "state", for the purpose of determining which organisations in [39]. IT WOULD NOT THEREFORE BE PROPER TO PUT PERSONS EMPLOYED BY THE STATE IN A BETTER POSITION THAN THOSE WHO ARE EMPLOYED BY A PRIVATE EMPLOYER . The fact that directives can only be vertically effective inevitably creates major anomalies and injustices where an applicants case is against another individual or a private body. This is an appropriate time to set out the key judgments where coronavirus has had an impact on both procedural and substantive law. 57 THE COSTS INCURRED BY THE UNITED KINGDOM AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . [42] The Commission is of the opinion that the provisions of Article 5(1) of Directive No. Welcome to the Town of Brookhaven, the largest town in Suffolk County and a great place to live, work and play. THE PRINCIPLE OF EQUAL TREATMENT SHALL MEAN THAT THERE SHALL BE NO DISCRIMINATION WHATSOEVER ON GROUNDS OF SEX EITHER DIRECTLY OR INDIRECTLY BY REFERENCE IN PARTICULAR TO MARITAL OR FAMILY STATUS ' . THE COURT OF APPEAL STATES THAT , ALTHOUGH THAT POLICY WAS NOT EXPRESSLY MENTIONED IN THE APPELLANT ' S CONTRACT OF EMPLOYMENT , IT NONE THE LESS CONSTITUTED AN IMPLIED TERM THEREOF . IT WOULD IN FACT BE INCOMPATIBLE WITH THE BINDING NATURE WHICH ARTICLE 189 CONFERS ON THE DIRECTIVE TO HOLD AS A MATTER OF PRINCIPLE THAT THE OBLIGATION IMPOSED THEREBY CANNOT BE RELIED ON BY THOSE CONCERNED . The judgement stated that, if certain criteria were satisfied, the provisions in question would give rise to rights or obligations on which individuals may rely on before their national courts; meaning they would be directly effective. M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986 ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority's provision of an earlier compulsory retirement age for women compared with that for men in the same employment. Those measures must guarantee real and 1 ( 2 ), AND COUNCIL DIRECTIVE NO 79/7 , ART . Equality of treatment for men and women - Conditions governing dismissal. AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT . Foster v British Gas plc (1990) C-188/89 is a leading EU law concerning the In 1980, she was dismissed for the sole reason that she had passed the qualifying age for the British State pension. 30 THE UNITED KINGDOM , WHICH ALSO TAKES THAT VIEW , MAINTAINS , HOWEVER , THAT TREATMENT IS CAPABLE OF BEING DISCRIMINATORY EVEN IN RESPECT OF A PERIOD AFTER RETIREMENT IN SO FAR AS THE TREATMENT IN QUESTION ARISES OUT OF EMPLOYMENT OR EMPLOYMENT CONTINUES AFTER THE NORMAL CONTRACTUAL RETIREMENT AGE . European Court reports 1986 Page 00723 Swedish special edition Page 00457 Ms Foster was required to retire from her job at British Gas when she was 60 - Equality of treatment for men and women - Conditions governing dismissal. 748, the Courtheld thatwhereverthe provisionsa of asdirectiveappear, far 688 Gaz:152/84. 41 IN SUPPORT OF THAT VIEW , THE APPELLANT POINTS OUT THAT DIRECTIVES ARE CAPABLE OF CONFERRING RIGHTS ON INDIVIDUALS WHICH MAY BE RELIED UPON DIRECTLY BEFORE THE COURTS OF THE MEMBER STATES ; NATIONAL COURTS ARE OBLIGED BY VIRTUE OF THE BINDING NATURE OF A DIRECTIVE , IN CONJUNCTION WITH ARTICLE 5 OF THE EEC TREATY , TO GIVE EFFECT TO THE PROVISIONS OF DIRECTIVES WHERE POSSIBLE , IN PARTICULAR WHEN CONSTRUING OR APPLYING RELEVANT PROVISIONS OF NATIONAL LAW ( JUDGMENT OF 10 APRIL 1984 IN CASE 14/83 VON COLSON AND KAMANN V LAND NORDRHEIN-WESTFALEN ( 1984 ) ECR 1891 ). 7 SECTIONS 27 ( 1 ) AND 28 ( 1 ) OF THE SOCIAL SECURITY ACT 1975 , THE UNITED KINGDOM LEGISLATION GOVERNING PENSIONS , PROVIDE THAT STATE PENSIONS ARE TO BE GRANTED TO MEN FROM THE AGE OF 65 AND TO WOMEN FROM THE AGE OF 60 . Case 152/84, Marshall (Marshall v Southampton and South-West Hampshire Area Health Authority) ECLI:EU:C:1986:84 (no horizontal direct effect of directives) 1 .THE TERM ' DISMISSAL ' CONTAINED IN ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE GIVEN A WIDE MEANING ; AN AGE LIMIT FOR THE COMPULSORY DISMISSAL OF WORKERS PURSUANT TO AN EMPLOYER ' S GENERAL POLICY CONCERNING RETIREMENT FALLS WITHIN . 5 . HOWEVER , THEY MAINTAIN THAT A DIRECTIVE CAN NEVER IMPOSE OBLIGATIONS DIRECTLY ON INDIVIDUALS AND THAT IT CAN ONLY HAVE DIRECT EFFECT AGAINST A MEMBER STATE QUA PUBLIC AUTHORITY AND NOT AGAINST A MEMBER STATE QUA EMPLOYER . M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986 ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority's provision of an earlier compulsory retirement age for women compared with that for men in the same employment. The latest Man Utd news including team news, injury updates, transfers, features, match previews, match reports and more. Helen Marshall, a senior dietitian, claimed that her dismissal on grounds of being old violated the Equal Treatment Directive 1976.She was an employee of an Area Health Authority (or "AHA"), a body established by the UK government under the National Health Service Act 1977, as amended by the Health Services Act 1980.. Marshall was dismissed after 14 years on 31 March 1980 . Governmental Structure: Union Institutions I Every opinion and decision handed down by the Courts - Trial Courts, Appellate Courts and Supreme Courts, spanning Civil, Criminal, Family, Tax or Bankruptcy litigations are published here daily. 780; Case 262/84, Mrs. Vera M. Beets-Proper v. Van . THE EUROPEAN COURT OF JUSTICE said that the questions put by the The ECJ has developed a principle of direct effect whereby a provision of community law may be enforced by individuals in the national court of their Member State. principle only bind the member state, to which they are addressed, in order to '. ' Judgment of the Court of 26 February 1986. Ms. Marshall was employed by the Southampton and South West Hampshire Area Health Authority ("the Authority") as a dietician. 22 THE APPELLANT AND THE COMMISSION CONSIDER THAT THE FIRST QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE . [52] Finally, with regard to the question whether the provision contained in Article 5 (1) of Directive No. 65 years for men and 60 years for women. Mitsubishi Pajero Short, of time. Internationale Handelsgesellchaft mbH v Einfuhr- & Vorratsstelle fur Getreide & Futtermittel (Case 11/70) [1970] ECR 1125; before the ECJ, Syndicat Generale des Fabricants de Semoules [1970] CMLR 395 - (French Conseil d'Etat), Internationale Handelsgesellchaft mbH v Einfuhr- & Vorratsstelle fur Getreide & Futtermittel (Solange I) [1974] 2 CMLR; (German Federal Constitutional Court), Minister for Economic Affairs v SA Fromagerie Franco-Suisse 'Le Ski' [1972] CMLR 330; before the Belgian Cour de Cassation, Administration des Dounaes v Societe Cafes Jacques Vebre Jacques Vabres [1975] 2 CMLR 336 - before the French Cour de Cassation, Frontini v Minister delle Finanze [1974] 2 CMLR 372 (Italian Constitutional Court), Blackburn v Attorney-General [1971] 2 All ER 1380. The three limb test set out by the case of Foster , was also accompanied by the ECJ referring to previous decisions indicating that directives can also be invoked against tax authorities, this can be seen in the case Becker v Hauptzollamt Munster Innerstadt, local or regional authorities such as the case Fratelli Costanzo v commune de Milano, authorities responsible for the maintenance of public order and safety which is illustrated in the case of Johnston v RUC, and public health authorities. HOWEVER , THE CLAIM THAT THE PRINCIPLE OF EQUALITY OF TREATMENT LAID DOWN BY DIRECTIVE NO 76/207 HAD BEEN INFRINGED WAS UPHELD BY THE INDUSTRIAL TRIBUNAL . Copyright in the individual extracts as listed in the acknowledgments. This website is your resource for Brookhaven Town government and services. In a later case it was set that any one of the elements set out in in the case of Foster need only be satisfied for a body to be found to be an emanation of the state, rather than all three. 26 THE COMMISSION EMPHASIZES THAT NEITHER THE RESPONDENT ' S EMPLOYMENT POLICY NOR THE STATE SOCIAL SECURITY SCHEME MAKES RETIREMENT COMPULSORY UPON A PERSON ' S REACHING PENSIONABLE AGE . AS AN EMPLOYER A STATE IS NO DIFFERENT FROM A PRIVATE EMPLOYER . 39 SINCE THE FIRST QUESTION HAS BEEN ANSWERED IN THE AFFIRMATIVE , IT IS NECESSARY TO CONSIDER WHETHER ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MAY BE RELIED UPON BY AN INDIVIDUAL BEFORE NATIONAL COURTS AND TRIBUNALS . THE COUNCIL HAS NOT YET RESPONDED TO THAT PROPOSAL . Moreover, it is a case concerning the Doctrine of Direct Effect. The award of interest in accordance with national rules must be European Court reports 1986 Page 00723 Swedish special edition Page 00457 Finnish special edition Page 00477, Summary # M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). Judgment of the Court of 26 February 1986. 70 Manfredi, para 97, citing Case C-271/91 Marshall v Southampton and South West Hampshire Area Health Authority, EU:C:1993:335, para 31. dismissal upon grounds of sexual discrimination and the direct effect of community law directives in issues of state employment, were the key ingredients to this matter, when a former employee of the south-west hampshire area health authority was subjected to unexpected termination of her employment, despite intimations that her post was secure In 1980, she was dismissed for the sole reason that she had passed the qualifying age for the British State pension. [14] INGMAN, p. 227. Directive but set limits to the compensation recoverable. Their national validity was established through ratification of the Treaty. M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). Price: 40/h for 1 or 2 hours. This case involved an application for a preliminary ruling. - Case 152/84. 1 (1986) and Fos Chen and Zhu v Secretary of State for the Home Department [2003], Week 16 Eu law Seminar case summary of Case 104/79, Foglia v Novello (No.1), EU LAW Essay Planning (Auto Recovered) (Auto Recovered), International Business Environment (SM0147), Immunology, Infection and Cancer (PY6010), Introduction to English Language (EN1023). U.K., Dowson v Chief Constable of Northumbria, [2010] EWHC 2612 (QB) U.K., Marshall v Southampton Area Health Authority, [1986] 1 QB 401 U.K., Webb v EMO Cargo Limited, [1993] 1 WLR 49 NRA 5961 Evelyn Baring, 1st Earl of Cromer: corresp and papers link to online catalogue. The Court of Appeal was then obliged to reach a decision in the light of the ECJ ruling. Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. The Tribunal had awarded, in compliance with an EC directive, a payment including interest. The ECJ, in a full court of 13 judges, answered to the first question that a general policy concerning dismissal if a woman solely because she has attained the qualifying age for a state pension, which age is different for men and for women, constitutes discrimination on grounds of sex and as such is in breach of the directive. List of documents. Marshall v Southampton and South West Hampshire Area Health Authority (1986) Case 152/84 is an EU law case, concerning the conflict of law between a national legal system and European Union law. In either case it is necessary to prevent the State from taking advantage of its own failure to comply with Community law. 25 IN ADDITION , THE APPELLANT CONSIDERS THAT THE EXCEPTION PROVIDED FOR IN ARTICLE 7 ( 1 ) OF DIRECTIVE NO 79/7 WITH REGARD TO THE DETERMINATION OF PENSIONABLE AGE FOR THE PURPOSES OF GRANTING OLD-AGE AND RETIREMENT PENSIONS , IS NOT RELEVANT SINCE , UNLIKE CASE 19/81 ( BURTON V BRITISH RAILWAYS BOARD ( 1982 ) ECR 555 ), THIS CASE DOES NOT RELATE TO THE DETERMINATION OF PENSIONABLE AGE . However the claim on the basis that the principle of equal treatment laid down by directive 76/207 was upheld. 42 THE COMMISSION IS OF THE OPINION THAT THE PROVISIONS OF ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 ARE SUFFICIENTLY CLEAR AND UNCONDITIONAL TO BE RELIED UPON BEFORE A NATIONAL COURT . Eu Law Synopsised Judgment of Marshall. If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! 54 WITH REGARD , IN THE FIRST PLACE , TO THE RESERVATION CONTAINED IN ARTICLE 1 ( 2 ) OF DIRECTIVE NO 76/207 CONCERNING THE APPLICATION OF THE PRINCIPLE OF EQUALITY OF TREATMENT IN MATTERS OF SOCIAL SECURITY , IT MUST BE OBSERVED THAT , ALTHOUGH THE RESERVATION LIMITS THE SCOPE OF THE DIRECTIVE RATIONE MATERIAE , IT DOES NOT LAY DOWN ANY CONDITION ON THE APPLICATION OF THAT PRINCIPLE IN ITS FIELD OF OPERATION AND IN PARTICULAR IN RELATION TO ARTICLE 5 OF THE DIRECTIVE . methods used to achieve that objective. In the Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority, the Court of Justice created an artificial and arbitrary barrier to the horizontal enforcement of directives. Case 152/84 Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) [1984] . 13 ARTICLE 1 ( 1 ) OF DIRECTIVE NO 76/207 PROVIDES AS FOLLOWS : ' THE PURPOSE OF THIS DIRECTIVE IS TO PUT INTO EFFECT IN THE MEMBER STATES THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN AS REGARDS ACCESS TO EMPLOYMENT , INCLUDING PROMOTION , AND TO VOCATIONAL TRAINING AND AS REGARDS WORKING CONDITIONS AND , ON THE CONDITIONS REFERRED TO IN PARAGRAPH ( 2 ), SOCIAL SECURITY . The ECJ 40 ). They are automatically incorporated into the national legal order. HOWEVER , THE LEGISLATION DOES NOT IMPOSE ANY OBLIGATION TO RETIRE AT THE AGE AT WHICH THE STATE PENSION BECOMES PAYABLE . IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE COURT OF APPEAL BY AN ORDER OF 12 MARCH 1984 , HEREBY RULES : ( 1 ) ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT A GENERAL POLICY CONCERNING DISMISSAL INVOLVING THE DISMISSAL OF A WOMAN SOLELY BECAUSE SHE HAS ATTAINED OR PASSED THE QUALIFYING AGE FOR A STATE PENSION , WHICH AGE IS DIFFERENT UNDER NATIONAL LEGISLATION FOR MEN AND FOR WOMEN , CONSTITUTES DISCRIMINATION ON GROUNDS OF SEX , CONTRARY TO THAT DIRECTIVE . of equality, it must be adequate in that it must enable the loss and damage When a State joins the EU, all community law becomes part of national law and automatically binding without further enactment; this is known as directly applicable. Case 152/84Marshall v.Southampton and S.W. In conclusion it could be said that the decision of Marshall v Southampton AHA was set out as a precedent to ensure no private bodies are held liable for a states failure to implement a directive and directives are only vertically directly effective with the exception of fulfilling one of the requirements set out by the case of Foster as being an emanation of the state. ALTHOUGH ACCORDING TO UNITED KINGDOM CONSTITUTIONAL LAW THE HEALTH AUTHORITIES , CREATED BY THE NATIONAL HEALTH SERVICE ACT 1977 , AS AMENDED BY THE HEALTH SERVICES ACT 1980 AND OTHER LEGISLATION , ARE CROWN BODIES AND THEIR EMPLOYEES ARE CROWN SERVANTS , NEVERTHELESS THE ADMINISTRATION OF THE NATIONAL HEALTH SERVICE BY THE HEALTH AUTHORITIES IS REGARDED AS BEING SEPARATE FROM THE GOVERNMENT ' S CENTRAL ADMINISTRATION AND ITS EMPLOYEES ARE NOT REGARDED AS CIVIL SERVANTS . ] the Commission CONSIDER that the provisions of Article 5 ( 1 ) of Directive No CaseMine Launches English Research... 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