[50] It is for the national court to apply those considerations to the circumstances of each case; the Court of Appeal has, however, stated in the order for reference that the respondent, Southampton and South West Hampshire Area Health Authority (Teaching), is a public authority. Moreover, it is a case concerning the Doctrine of Direct Effect. First, whether the respondent's dismissal on the grounds that she was a woman who had passed the normal retiring age was an act of discrimination prohibited by the Directive. 20 OBSERVATIONS WERE SUBMITTED TO THE COURT BY THE UNITED KINGDOM AND THE COMMISSION , IN ADDITION TO THE APPELLANT AND THE RESPONDENT . contended, was in breach of EC Directive 76/207 (see EU Non Discrimination [43] The respondent and the United Kingdom propose, conversely, that the second question should be answered in the negative. C-152/84 - Marshall v Southampton and South-West Hampshire Area Health Authority. when it had not been observed. Health Service Executive v Power (Approved) [2022] IESC 17 (31 March 2022) Clare County Council v McDonagh & Anor (Approved) [2022] IESC 15 (14 March 2022) E.L.G. The latest Man Utd news including team news, injury updates, transfers, features, match previews, match reports and more. Here are summaries of (and links to) the cases where the impact of COVID is - Case 152/84. European Court reports 1986 Page 00723 Swedish special edition Page 00457 In many respects the consumer is supposed to be the ultimate beneficiary of the process of market integration in Europe, but the EC Treaty has never included an elaborate recognition of how the EU serves the consumer interest. Translate PDF . 37 IN THAT RESPECT IT MUST BE EMPHASIZED THAT , WHEREAS THE EXCEPTION CONTAINED IN ARTICLE 7 OF DIRECTIVE NO 79/7 CONCERNS THE CONSEQUENCES WHICH PENSIONABLE AGE HAS FOR SOCIAL SECURITY BENEFITS , THIS CASE IS CONCERNED WITH DISMISSAL WITHIN THE MEANING OF ARTICLE 5 OF DIRECTIVE NO 76/207 . Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. There was an implied obligation under the former Art 4(3) The wide scope of public Authorities was left to the national courts of Member states. MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - DIRECT EFFECT - CONDITIONS, 5 . 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 . C-152/84 - Marshall v Southampton and South-West Hampshire Area Health Authority. Oxbridge Notes in-house law team. Google Scholar. '. Case 14/83Von Colson and Kamann v. Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. Published: 3rd Jul 2019. Helen Marshall, a senior dietitian, claimed that her dismissal on grounds of being old violated the Equal Treatment Directive 1976. ACCORDING TO ARTICLE 189 OF THE EEC TREATY THE BINDING NATURE OF A DIRECTIVE , WHICH CONSTITUTES THE BASIS FOR THE POSSIBILITY OF RELYING ON THE DIRECTIVE BEFORE A NATIONAL COURT , EXISTS ONLY IN RELATION TO ' EACH MEMBER STATE TO WHICH IT IS ADDRESSED ' . 76/207, that those provisions are sufficiently clear to enable national courts to apply them without legislative intervention by the Member States, at least so far as overt discrimination is concerned. - Equality of treatment for men and women - Conditions governing dismissal. employer in order to set aside a national provision, which imposed limits on Marshall was dismissed after 14 years on 31 March 1980, approximately four weeks after attaining the age of 62, despite her expressing a willingness to continue in employment until the age of 65 (4 February 1983). Reference for a preliminary . Their national validity was established through ratification of the Treaty. European Court Reports 1986 -00723 ECLI identifier: ECLI:EU:C:1986:84 Expand all Collapse all They ensure harmonization of laws in different Member States and are considered more flexible as they provide states with discretion and some scope for national differences. 40 ). 1 . Info: 2081 words (8 pages) Essay 2012] OJ C326/47 Article 267 2 For instance, in the case law "Marshall v Southampton and South West Hampshire Area Health Authority" (1986)7, a judgment in favor of the plaintiff of CJEU was rendered on the request of a preliminary ruling from Court of Appeal . [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 189 1). Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (No 2) Judgment Industrial Cases Reports The Times Law Reports Cited authorities 34 Cited in 23 Precedent Map Related Vincent Categories Damages and Restitution Damages Employment and Labour Law Discrimination Practice and Procedure Court Structure Subject of the case Judgment of the Court of 26 February 1986. The principle of Indirect Effect and State liability were later brought about by the cases of Von Colson and Francovich to fill in the gaps left by Direct effect and to ensure all citizens rights are protected regardless of whether they work for a public or private body or whether the claim was brought vertically or horizontally. [51] The argument submitted by the United Kingdom that the possibility of relying on provisions of the directive qua organ of the State would give rise to an arbitrary and unfair distinction between the rights of State employees and those of private employees does not justify any other conclusion. Week 18 European Law; Marshall v Southampton and South West Area Health Authority No. Politi SAS. Search result: 1 case (s) 1 documents analysed. 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. If you have any other questions, comments or concerns, please contact our Call Center at 631-451-TOWN (8696). 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 . 36. . Article 249 states that regulations are directly applicable and of general application. 6 . Health Authority (Teaching), Case 152/84 (26 February 1986) Caption: In its judgment of 26 February 1986, in Case 152/84, Marshall/Southampton and South-West Hampshire Area Health Authority, the Court of Justice points out that, where a person involved in legal proceedings is able to rely on a Case 152/84, M.H Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), [1986] ECR 723. REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COURT OF APPEAL OF ENGLAND AND WALES FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN, SOUTHAMPTON AND SOUTH-WEST HAMPSHIRE AREA HEALTH AUTHORITY ( TEACHING ). GROUP TUTORING. . [52] Finally, with regard to the question whether the provision contained in Article 5 (1) of Directive No. Traffic Court Cases. Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84 [1986] ECR 723. [Case closed] Main proceedings. 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 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 . Southampton and South-West Hamp.shire Area Health Authority (Teaching) [1986] 2 W.L.R. restoring real equality of treatment. Ms Marshall was dismissed at the age of 62 years, as she had passes the normal retirement age applied by her employers to female employees. Judgment of the Court of 26 February 1986. IN EITHER CASE IT IS NECESSARY TO PREVENT THE STATE FROM TAKING ADVANTAGE OF ITS OWN FAILURE TO COMPLY WITH COMMUNITY LAW . In its judgments, the European Court has stressed the fundamental importance of the right to equal treatment under the Treaty of Rome. ( 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 . They admit that a directive may, in certain specific circumstances, have direct effect as against a Member State in so far as the latter may not rely on its failure to perform its obligations under the directive. Direct effect is especially important where a member state has failed to meet its obligation to implement a community measure or where the implementation is partial or defective. sex discrimination on the part of an authority which was an emanation of the View examples of our professional work here. general, did not have horizontal direct effect. 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 . Equality of treatment for men and women - Conditions governing dismissal. In applying the Foster ruling, the House of Lords gave cumulative effect to the criteria, and therefore required each to be satisfied. 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 . [46] It is necessary to recall that, according to a long line of decisions of the Court (in particular its judgment of 19 January 1982 in Case 8/81 Becker v Finanzamt Minister-Innenstadt [1982] ECR 53), wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the State where that State fails to implement the directive in national law by the end of the period prescribed or where it fails to implement the directive correctly. 9 German food law at the time prescribed that for certain food products any deviation from the original recipe (in this case, e.g., the use of vegetable oils instead of eggs and butter in the production of certain biscuits) should be clearly stated on the product packaging. : Gelijke behandeling mannen en vrouwen ook bij pensionering, Sociaal recht 1986 p.51-53 14 ARTICLE 2 ( 1 ) OF THE DIRECTIVE PROVIDES THAT : ' . 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 . 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 ' . Judgment of the Court of 26 February 1986. Judgement for the case Marshall v Southampton and South West Hampshire Area Health Authority (no.2) This related to the case of Marshall no.1 (see above under "General Reading"). Facts: In Case 152/84 M H Marshall v Southampton, the measure of compensation was considered in a successful claim for sex discrimination. '. ' 475 ). 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 . The government argued that the directive could not be relied upon against the AHA as: the AHA was acting in a private capacity as an employer, and, The Equal Treatment Directive can be relied upon against the AHA, The Directive precludes sex discrimination in retirement age in national legislation, Directives do not have horizontal effect; under Article 288 TFEU, directives are binding only upon each member state to which it was addressed, But directives can have vertical direct effect against a member states regardless of the capacity in which it was acting whether as an employer or as a public authority, In either case, it is necessary to prevent the State from taking advantage of its own failure to comply with EU law, The argument by the UK government that this would give rise to an arbitrary and unfair distinction between the rights of private and public employees does not justify any other conclusion, such a distinction can be avoided if the member state has correctly implemented the directive into national law, The test for a public authority is a functional one: whether an entity is carrying out a public service with special powers, Unfairness can be result as an applicant employed by a private hospital would not have been able to rely on the Directive, creating a two tier legal system for public and private employers, The estoppel argument (that the government cannot rely on its own failure to implement a directive) cannot justify application of the directive to the AHA since it is not responsible for transposing the terms of directive into national law. the private or public sector can be regarded as an organ of the state. 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. 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. 48 WITH REGARD TO THE ARGUMENT THAT A DIRECTIVE MAY NOT BE RELIED UPON AGAINST AN INDIVIDUAL , IT MUST BE EMPHASIZED THAT ACCORDING TO ARTICLE 189 OF THE EEC TREATY THE BINDING NATURE OF A DIRECTIVE , WHICH CONSTITUTES THE BASIS FOR THE POSSIBILITY OF RELYING ON THE DIRECTIVE BEFORE A NATIONAL COURT , EXISTS ONLY IN RELATION TO ' EACH MEMBER STATE TO WHICH IT IS ADDRESSED ' . 28 THE RESPONDENT MAINTAINS , IN CONTRAST , THAT ACCOUNT MUST BE TAKEN , IN ACCORDANCE WITH THE BURTON CASE , OF THE LINK WHICH IT CLAIMS EXISTS BETWEEN THE RETIREMENT AGES IMPOSED BY IT IN THE CONTEXT OF ITS DISMISSAL POLICY , ON THE ONE HAND , AND THE AGES AT WHICH RETIREMENT AND OLD-AGE PENSIONS BECOME PAYABLE UNDER THE STATE SOCIAL SECURITY SCHEME IN THE UNITED KINGDOM , ON THE OTHER . Case 152/84Marshall v.Southampton and S.W. Those measures must guarantee real and THEY ADMIT THAT A DIRECTIVE MAY , IN CERTAIN SPECIFIC CIRCUMSTANCES , HAVE DIRECT EFFECT AS AGAINST A MEMBER STATE IN SO FAR AS THE LATTER MAY NOT RELY ON ITS FAILURE TO PERFORM ITS OBLIGATIONS UNDER THE DIRECTIVE . Tappi Training Courses, On appeal, the House of Lords sought clarification from the ECJ, who replied with A Directive may be invoked against a body, whatever its legal form, which has been made responsiblefor providing a public service under the state and has for that purpose special powers beyond those which result in from the normal rules applicable in relations between individuals. On this interpretation a nationalised undertaking such as British Gas would be a public body against which a directive may be enforced, as the House of Lords decided. As well as direct affect being applied vertically and horizontally they are also directly applicable. 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 . 76/207 may be relied upon by an individual before national courts and tribunals. [I]t is necessary to consider whether Article 5 (1) of Directive No. 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. Member State. Caesars Sportsbook Promo Code Takes Out First-Bet . Marshall v Southampton and South West Hampshire Area Health Authority 1986 Case 15284 is an EU law case concerning the conflict of law between a. Given Marshall suffered financial loss, namely the difference between her earnings as an employee and her pension, and since she lost the satisfaction gained from work she initiated proceedings before an industrial tribunal, contending her dismissal constituted discriminatory treatment on the ground of sex, contrary to the sexual discrimination act and community law. the Directive, while leaving to the member state the choice of the forms and 1/1. Betting. [15] BENNETT/HOGAN/SEAGO, p. 160. THE QUESTION THEREFORE RELATES TO THE CONDITIONS GOVERNING DISMISSAL AND FALLS TO BE CONSIDERED UNDER DIRECTIVE NO 76/207 . IN EITHER CASE IT IS NECESSARY TO PREVENT THE STATE FROM TAKING ADVANTAGE OF ITS OWN FAILURE TO COMPLY WITH COMMUNITY LAW . Indirect effect was later brought to fill in the gaps of direct effect of directives where it left people that are employed by private companies at a disadvantage as the direct effect of directives was only vertically applicable, and for cases where the Van Gend en Looos criteria wasnt satisfied. 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'. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. 15 See Case 106/89 Marleasing SA v La Comercial Inter De Alimentacion SA [1990] ECR I- of the European Court of Justice ruling in Marshall ( Case C-271/91, Marshall v Southampton and South West Hampshire Area Health Authority (no 2) [1993] IRLR 44) was lifted altogether (Fair Employment (Amendment) (NI) Order 1994). 16 ARTICLE 1 ( 2 ) OF THE DIRECTIVE PROVIDES THAT : ' WITH A VIEW TO ENSURING THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT IN MATTERS OF SOCIAL SECURITY , THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , WILL ADOPT PROVISIONS DEFINING ITS SUBSTANCE , ITS SCOPE AND THE ARRANGEMENTS FOR ITS APPLICATION . 10 THE INDUSTRIAL TRIBUNAL DISMISSED THE APPELLANT ' S CLAIM IN SO FAR AS IT WAS BASED ON INFRINGEMENT OF THE SEX DISCRIMINATION ACT , SINCE SECTION 6 ( 4 ) OF THAT ACT PERMITS DISCRIMINATION ON THE GROUND OF SEX WHERE IT ARISES OUT OF ' PROVISION IN RELATION TO RETIREMENT ' ; THE INDUSTRIAL TRIBUNAL TOOK THE VIEW THAT THE RESPONDENT ' S GENERAL POLICY CONSTITUTED SUCH PROVISION . 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 . 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! 53 IT IS NECESSARY TO CONSIDER NEXT WHETHER THE PROHIBITION OF DISCRIMINATION LAID DOWN BY THE DIRECTIVE MAY BE REGARDED AS UNCONDITIONAL , IN THE LIGHT OF THE EXCEPTIONS CONTAINED THEREIN AND OF THE FACT THAT ACCORDING TO ARTICLE 5 ( 2 ) THEREOF THE MEMBER STATES ARE TO TAKE THE MEASURES NECESSARY TO ENSURE THE APPLICATION OF THE PRINCIPLE OF EQUALITY OF TREATMENT IN THE CONTEXT OF NATIONAL LAW . It follows that a directive may not of itself impose obligations on an individual and that a provision of a directive may not be relied on as such against such a person. provisions were fully effective, in accordance with the objective pursued by A person who had been injured as a result of discriminatory dismissal might Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. Parties See also Donau Chemie , para 24. Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. Fact of statement Ms Marshall, Applicant, worked as a dietitian for the National Health Service of UK, Respondent, her employer being the Southampton and South West Hampshire Area Health Authority. 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 ). SUCH A DISTINCTION MAY EASILY BE AVOIDED IF THE MEMBER STATE CONCERNED HAS CORRECTLY IMPLEMENTED THE DIRECTIVE IN NATIONAL LAW . The following further cases were referred to by the Advocate General: 4. European Court reports 1986 Page 00723 Swedish special edition Page 00457 Finnish special edition Page 00477, Summary treatment for men and women as regards the various aspects of employment, their claims by judicial process. Cited - 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 . The ECJ decided in 1986 that the termination of Miss M H Marshall's employment constituted unlawful discrimination on grounds of sex: (1986 ECR 723. to achieve the objective of the Directive and be capable of being effectively IT FOLLOWS THAT A DIRECTIVE MAY NOT OF ITSELF IMPOSE OBLIGATIONS ON AN INDIVIDUAL AND THAT A PROVISION OF A DIRECTIVE MAY NOT BE RELIED UPON AS SUCH AGAINST SUCH A PERSON . As to how strictly they were to be applied was unclear. The directive provides for a number of possible exceptions, the details of which are to be laid down by the Member States. THE LAYING DOWN OF DIFFERENT AGES FOR THE COMPULSORY TERMINATION OF A CONTRACT OF EMPLOYMENT MERELY REFLECTS THE MINIMUM AGES FIXED BY THAT SCHEME , SINCE A MALE EMPLOYEE IS PERMITTED TO CONTINUE IN EMPLOYMENT UNTIL THE AGE OF 65 PRECISELY BECAUSE HE IS NOT PROTECTED BY THE PROVISION OF A STATE PENSION BEFORE THAT AGE , WHEREAS A FEMALE EMPLOYEE BENEFITS FROM SUCH PROTECTION FROM THE AGE OF 60 . Marshall v Southampton Area Health Authority (1986) Court of Justice of the European Union None Costa v ENEL (case 6/64) [1964] ECR 585 - ECJ, Costa v ENEL (case 6/64) [1964] ECR 585 - Italian Constitutional Court, Franz Grad v Finanzamt Traunstein (case 9/70) [1970] ECR 825. Marshall was an employee of an Area Health Authority (AHA) in the UK She was dismissed at the age of 62 having passed the normal retirement age of 60 for female employees In contrast, the the normal retirement age of males was 65 She alleged sex discrimination contrary to the Equal Treatment Directive THE COUNCIL HAS NOT YET RESPONDED TO THAT PROPOSAL . - M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). 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. 76/207 may be relied upon by an individual before national courts and tribunals. Miss Marshall claimed compensation under section 65 of the Sex Use quotation marks to search for an "exact phrase". article 6, since it limited the amount of compensation a priori to a level, which years old, while men could continue until they were 65. Case 152/84 Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) [1984] . IN THAT RESPECT THE CAPACITY IN WHICH THE STATE ACTS , WHETHER AS EMPLOYER OR PUBLIC AUTHORITY , IS IRRELEVANT . Neither the CJ nor the national courts have subsequently treated the criteria as perspective and they have generally been applied fairly loosely. methods used to achieve that objective. 11 ON APPEAL TO THE EMPLOYMENT APPEAL TRIBUNAL THAT DECISION WAS CONFIRMED AS REGARDS THE FIRST POINT BUT WAS SET ASIDE AS REGARDS THE SECOND POINT ON THE GROUND THAT , ALTHOUGH THE DISMISSAL VIOLATED THE PRINCIPLE OF EQUALITY OF TREATMENT LAID DOWN IN THE AFOREMENTIONED DIRECTIVE , AN INDIVIDUAL COULD NOT RELY UPON SUCH VIOLATION IN PROCEEDINGS BEFORE A UNITED KINGDOM COURT OR TRIBUNAL . employment constituted unlawful discrimination on grounds of sex: ( relied on by persons before national courts. The preliminary ruling procedure was used in a long case of M H Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] EUECJ R-152/84 [23] where a lady was discriminated against when terminating her contract. 27 THE COMMISSION ALSO REFERS TO THE FACT THAT THE COURT HAS RECOGNIZED THAT EQUALITY OF TREATMENT FOR MEN AND WOMEN CONSTITUTES A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW . (a secretary of state), which could also issue to the board various directions. 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. Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84 [1986] ECR 723. Article 6 put 24 THE APPELLANT ARGUES FURTHERMORE , THAT THE ELIMINATION OF DISCRIMINATION ON GROUNDS OF SEX FORMS PART OF THE CORPUS OF FUNDAMENTAL HUMAN RIGHTS AND THEREFORE OF THE GENERAL PRINCIPLES OF COMMUNITY LAW . - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. The effect utile (the useful Marshall v Southampton and South-West Hampshire Area Health Authority Notes on Academic Writings X: Discriminatory Retirement Ages, European Industrial Relations Review 1986 n 148 p.18-21 Jacobs, A.T.J.M. 52 FINALLY , WITH REGARD TO THE QUESTION WHETHER THE PROVISION CONTAINED IN ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 , WHICH IMPLEMENTS THE PRINCIPLE OF EQUALITY OF TREATMENT SET OUT IN ARTICLE 2 ( 1 ) OF THE DIRECTIVE , MAY BE CONSIDERED , AS FAR AS ITS CONTENTS ARE CONCERNED , TO BE UNCONDITIONAL AND SUFFICIENTLY PRECISE TO BE RELIED UPON BY AN INDIVIDUAL AS AGAINST THE STATE , IT MUST BE STATED THAT THE PROVISION , TAKEN BY ITSELF , PROHIBITS ANY DISCRIMINATION ON GROUNDS OF SEX WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , IN A GENERAL MANNER AND IN UNEQUIVOCAL TERMS . 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