Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. She contended that the Directive in House of Lords asked whether it followed from the Directive that a victim of SUCH A DISTINCTION MAY EASILY BE AVOIDED IF THE MEMBER STATE CONCERNED HAS CORRECTLY IMPLEMENTED THE DIRECTIVE IN NATIONAL LAW . of time. M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). 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. 833 and Case 222/84Johnston v.Chief Constable of the Royal Ulster Constabulary [1986] E.C.R. 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. regarded as an essential component of compensation for the purposes of Where there is any inconsistency between national law and Community law which cannot be removed by means of such a construction, the appellant submits that a national court is obliged to declare that the provision of national law which is inconsistent with the directive is inapplicable. They contend in particular, with regard to Articles 2(1) and 5(1) of Directive No. 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. - Case 152/84. marshall v southampton health authority 1986 summarywhat to wear ice skating indoors in summer. 1 (1986) and Fos. 748, the Courtheld thatwhereverthe provisionsa of asdirectiveappear, far 688 Gaz:152/84. MARSHALL ( HEREINAFTER REFERRED TO AS ' THE APPELLANT ' ) AND SOUTHAMPTON AND SOUTH-WEST HAMPSHIRE AREA HEALTH AUTHORITY ( TEACHING ) ( HEREINAFTER REFERRED TO AS ' THE RESPONDENT ' ) CONCERNING THE QUESTION WHETHER THE APPELLANT ' S DISMISSAL WAS IN ACCORDANCE WITH SECTION 6 ( 4 ) OF THE SEX DISCRIMINATION ACT 1975 AND WITH COMMUNITY LAW . 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 . Translate PDF . THE QUESTION THEREFORE RELATES TO THE CONDITIONS GOVERNING DISMISSAL AND FALLS TO BE CONSIDERED UNDER DIRECTIVE NO 76/207 . Caesars Sportsbook Promo Code Takes Out First-Bet . Secondly, if the answer to the first is affirmative, whether or not the equal treatment directive can be relied upon by the appellant in the circumstances in national courts or tribunals, not withstanding the inconsistency, if any, between the Directive and the, This page was last edited on 23 October 2022, at 16:59. Oxbridge Notes in-house law team. The measures should be sufficiently effective As well as direct affect being applied vertically and horizontally they are also directly applicable. The HL referred to the ECJ the questions of whether (1) a victim of sex discrimination was entitled to full compensation including interest and (2) whether the victim of sex discrimination was entitled to challenge the applicability of UK law, which limited compensation and therefore was against the directive. [42] The Commission is of the opinion that the provisions of Article 5(1) of Directive No. Facts 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 Case 152/84: Marshall v. Southampton and South West Hampshire Area Health Authority [1986] E.C.R. 76/207 are neither unconditional nor sufficiently clear and precise to give rise to direct effect. - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. THE COUNCIL HAS NOT YET RESPONDED TO THAT PROPOSAL . [52] Finally, with regard to the question whether the provision contained in Article 5 (1) of Directive No. '. ' Use quotation marks to search for an "exact phrase". 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. WHERE THERE IS ANY INCONSISTENCY BETWEEN NATIONAL LAW AND COMMUNITY LAW WHICH CANNOT BE REMOVED BY MEANS OF SUCH A CONSTRUCTION , THE APPELLANT SUBMITS THAT A NATIONAL COURT IS OBLIGED TO DECLARE THAT THE PROVISION OF NATIONAL LAW WHICH IS INCONSISTENT WITH THE DIRECTIVE IS INAPPLICABLE . 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 . Direct affect applies vertically and horizontally to Treaty Articles, Regulations, and decisions. was not necessarily consistent with the requirement of ensuring real equality Directive but set limits to the compensation recoverable. Google Scholar. Neither the CJ nor the national courts have subsequently treated the criteria as perspective and they have generally been applied fairly loosely. Wizard Card Game Hogwarts, EN RU CN DE ES. H . [39] [I]t is necessary to consider whether Article 5(1) of Directive No. adopt, in its national legal system, all the measures necessary to ensure its The AHA were able to waive the term, which was deemed an implied term of Marshall's contract of employment and had done so for a further two years after she attained the age of 60. CONSEQUENTLY , AN AGE LIMIT FOR THE COMPULSORY DISMISSAL OF WORKERS PURSUANT TO AN EMPLOYER ' S GENERAL POLICY CONCERNING RETIREMENT FALLS WITHIN THE TERM ' DISMISSAL ' CONSTRUED IN THAT MANNER , EVEN IF THE DISMISSAL INVOLVES THE GRANT OF A RETIREMENT PENSION . The ECJ rejected the argument that direct effect was a means only of enforcing substantive EC laws against the member states. The Court of Appeal was then obliged to reach a decision in the light of the ECJ ruling. European Court reports 1986 Page 00723 Swedish special edition Page 00457 Finnish special edition Page 00477, Summary Innenstadt 1982[ ECR]53,atp.71and26 February1986 Casein 15284 / Marshall v Southampton and South-West Hampshire Area Health Authority 1986 ECR723, [ ] atp. 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. 76/207 may be relied upon by an individual before national courts and tribunals. sex discrimination on the part of an authority which was an emanation of the There was an implied obligation under the former Art 4(3) 17 PURSUANT TO THE LAST-MENTIONED PROVISION , THE COUNCIL ADOPTED DIRECTIVE NO 79/7/EEC OF 19 DECEMBER 1978 ON THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY ( OFFICIAL JOURNAL 1979 , L 6 , P . 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 . 44 WITH REGARD TO THE LEGAL POSITION OF THE RESPONDENT ' S EMPLOYEES THE UNITED KINGDOM STATES THAT THEY ARE IN THE SAME POSITION AS THE EMPLOYEES OF A PRIVATE EMPLOYER . 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. ON 5 MAY 1983 THE COMMISSION SUBMITTED TO THE COUNCIL A PROPOSAL FOR A DIRECTIVE ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN OCCUPATIONAL SOCIAL SECURITY SCHEMES ( OFFICIAL JOURNAL 1983 , C 134 , P . Looking for a flexible role? students are currently browsing our notes. Miss Marshall claimed compensation under section 65 of the Sex Sir Keir Starmer was facing a crisis on two fronts last night as a witness prepared to tell police the Labour leader's lockdown curry had broken pandemic rules and a leaked document appeared to . 24 ), WHICH THE MEMBER STATES WERE TO TRANSPOSE INTO NATIONAL LAW , ACCORDING TO ARTICLE 8 ( 1 ) THEREOF , WITHIN SIX YEARS OF ITS NOTIFICATION . '. MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - DIRECT EFFECT - CONDITIONS, 5 . European Court reports 1986 Page 00723 Swedish special edition Page 00457 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 . 48. 9 IN VIEW OF THE FACT THAT SHE SUFFERED FINANCIAL LOSS CONSISTING OF THE DIFFERENCE BETWEEN HER EARNINGS AS AN EMPLOYEE OF THE RESPONDENT AND HER PENSION AND SINCE SHE HAD LOST THE SATISFACTION SHE DERIVED FROM HER WORK , THE APPELLANT INSTITUTED PROCEEDINGS AGAINST THE RESPONDENT BEFORE AN INDUSTRIAL TRIBUNAL . 15 ARTICLE 5 ( 1 ) OF THE DIRECTIVE PROVIDES THAT : ' APPLICATION OF THE PRINCIPLE OF EQUAL TREATMENT WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , MEANS THAT MEN AND WOMEN SHALL BE GUARANTEED THE SAME CONDITIONS WITHOUT DISCRIMINATION ON GROUNDS OF SEX . EU laws have direct effect against government institutions, whether acting in public or private capacity, 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. 6 . Vertical direct effect concerns the relationship between EU law and national law specifically, the state's obligation to ensure its observance and its compatibility with EU law, thereby enabling citizens to rely on it in actions against the state or against public bodies; an "emanation of the state" as defined in, "Do unimplemented European Community directives have direct effect or any other legal effect in national law? Politi SAS. More information about the United Kingdom is available on the United Kingdom Page and from other Department of State publications and other sources listed at the end of this fact sheet. Case summary last updated at 05/02/2020 14:46 by the sustained and whether article 6 enabled such a person to contest the 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 . 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 . As to how strictly they were to be applied was unclear. The ECJ decided in 1986 that the termination of Miss M H Marshall's 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 . By contrast, directives are not directly applicable since they require implementation into national law. 140. It assessed her financial loss at pounds 18,405, The fundamental problem was therefore to determine the meaning and scope IN ACCORDANCE WITH THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS , THOSE FUNDAMENTAL PRINCIPLES MUST BE GIVEN A WIDE INTERPRETATION AND , CONVERSELY , ANY EXCEPTION THERETO , SUCH AS THE RESERVATION PROVIDED FOR IN ARTICLE 1 ( 2 ) OF DIRECTIVE NO 76/207 WITH REGARD TO SOCIAL SECURITY , MUST BE INTERPRETED STRICTLY . and which cited Case 152/84 Marshall [1986] ECR 723, referred to above. '. the Directive, while leaving to the member state the choice of the forms and This therefore indicates that the article seems to suggest that directives are not intended to operate as law within national systems, since that is the role envisaged for the relevant national implementing measures.This therefore leads to the problem that directives are addressed to Member States and therefore individuals are not expected to be held liable for a states failure to implement or be held liable for something that is addressed to a Member State as a form of instructions. 3 . Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our This, she Automatically reference everything correctly with CiteThisForMe. Discrimination Act 1975, which limited an award to pounds 6,250. To export a reference to this article please select a referencing stye below: EU law, or European Union law, is a system of law that is specific to the 28 members of the European Union. 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. How Many Visitors Visit Mount Rushmore Each Year, Append an asterisk (, Other sites managed by the Publications Office, Portal of the Publications Office of the EU. Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. predecessor (Macarthys Ltd. v. Smith, 1981), to work to age sixty-five (Marshall v. Southampton and S.W. nationalised industry at the time (before being privatised under the Gas Act 1 . Traffic Court Cases. 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. Furthermore, the wording of Article 5 is quite imprecise and requires the adoption of measures for its implementation. 5 ( 1 )), 4 . Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84 [1986] ECR 723. She commenced proceedings in the industrial tribunal and argued 723. Wells et al. If you have any other questions, comments or concerns, please contact our Call Center at 631-451-TOWN (8696). State was entitled to full reparation for the loss or damage he or she had - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. - Directives do not have horizontal effect as per Marshall v Southampton Health and South West Area Health Authority (Case C - 152/84) [1986] ECR 723. They are automatically incorporated into the national legal order. Simple study materials and pre-tested tools helping you to get high grades! The sole reason for her dismissal was that she had passed 'the retirement age'; the AHA's policy was to make women compulsorily retire at 60, but men at 65. Do you want to help improving EUR-Lex ? persons who considered themselves wronged by discrimination to pursue. Is Print Advertising Dead 2021, C-152/84 - Marshall v Southampton and South-West Hampshire Area Health Authority. The free movement of goods is an essential element of the internal market and both EU legislation and the decisions of the Court of Justice support the achievement of this aspect of economic integration. Euro Brokers Holdings Ltd v Monecor (London) Ltd. Case Summary of Euro Brokers Holdings Ltd v Monecor (London) Ltd [2003] 1 BCLC 506. Week 18 European Law; Marshall v Southampton and South West Area Health Authority No. The ECJ held in the case of, Marshall v Southampton and South West Hampshire Area Health Authority (1986), that a Directive may be invoked against the state, even when its against in a private institute such an employer, it could not be invoked directly against an individual. The ECJ later indentified that the national courts should decide what bodies a Directive could be enforced using vertical direct effect. A WIDE INTERPRETATION OF THAT TERM IS , IN HER OPINION , JUSTIFIED IN VIEW OF THE OBJECTIVE OF THE EEC TREATY TO PROVIDE FOR ' THE CONSTANT IMPROVING OF THE LIVING AND WORKING CONDITIONS OF ( THE MEMBER STATES ' ) PEOPLES ' AND IN VIEW OF THE WORDING OF THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE ABOVE-MENTIONED ARTICLES OF DIRECTIVE NO 76/206 AND IN ARTICLE 7 ( 1 ) OF REGULATION NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( II ), P . This was one of the questions for the court in Defrenne v Sabena 1976 , which involved a claim for equal pay made against an employer under Article 141. Here are summaries of (and links to) the cases where the impact of COVID is - Case 152/84. Their national validity was established through ratification of the Treaty. The House of Lords held that it was not bound to apply the directive despite the case of Duke involving the identical point to that in Marshall, however the employer was not the state, but a private company. - Case 152/84. 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. European Court reports 1986 Page 00723 It must therefore be examined whether, in this case, the respondent must be regarded as having acted as an individual. held a state is any manifestation or organisation under control of a central 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. Southampton and South-West Hamp.shire Area Health Authority (Teaching) [1986] 2 W.L.R. Van Duyn v The Home Office (case 41/74) [1974] ECR 1337. 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. 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. The purpose of the Directive here was to put into effect the principle of equal 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. privacy policy. restoring real equality of treatment. British Gas was part of the state. [40] The appellant and the Commission consider that the question must be answered in the affirmative. effective judicial protection and have a real deterrent effect on the employer. '. 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. [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'. Take a look at some weird laws from around the world! 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. Marshall v Southampton and South West Hampshire Area Health Authority (1986) Case 152/84 [3] is an EU law case, concerning the conflict of law between a national legal system and European Union law. 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 . accordance with the applicable national rules. The wide scope of public Authorities was left to the national courts of Member states. However, while direct effect would allow legal actions based on directives against the state ( vertical direct effect ), the ECJ did accept that the 'state' could . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - DIRECT EFFECT - LIMITS - NOT POSSIBLE TO RELY UPON A DIRECTIVE AGAINST AN INDIVIDUAL, 6 . M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). - Equality of treatment for men and women - Conditions governing dismissal. Mitsubishi Pajero Short, European Court Reports 1986 -00723 ECLI identifier: ECLI:EU:C:1986:84 Expand all Collapse all 76/207 are sufficiently clear and unconditional to be relied upon before a national court. Subject of the case Marshall v Southampton and South West Area Health Authority No. SHE CONTENDED THAT HER DISMISSAL AT THE DATE AND FOR THE REASON INDICATED BY THE RESPONDENT CONSTITUTED DISCRIMINATORY TREATMENT BY THE RESPONDENT ON THE GROUND OF SEX AND , ACCORDINGLY , UNLAWFUL DISCRIMINATION CONTRARY TO THE SEX DISCRIMINATION ACT AND COMMUNITY LAW . rely on article 6 as against an authority of the State acting in its capacity as an This was finally made explicit by the ECJ in its decision in M.H. M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). 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. Once the ECJ had answered the question, their decision was remitted to the reconvened Court of Appeal (which in the interim had adjourned this case). 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 . The effect utile (the useful Marshall argued that her employer would not have been able to treat a man the same way. 35 AS THE COURT EMPHASIZED IN ITS JUDGMENT IN THE BURTON CASE , ARTICLE 7 OF DIRECTIVE NO 79/7 EXPRESSLY PROVIDES THAT THE DIRECTIVE DOES NOT PREJUDICE THE RIGHT OF MEMBER STATES TO EXCLUDE FROM ITS SCOPE THE DETERMINATION OF PENSIONABLE AGE FOR THE PURPOSES OF GRANTING OLD-AGE AND RETIREMENT PENSIONS AND THE POSSIBLE CONSEQUENCES THEREOF FOR OTHER BENEFITS FALLING WITHIN THE STATUTORY SOCIAL SECURITY SCHEMES . Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. # M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). 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 . 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. 49. [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. The principle of direct effect was established by the ECJ in the case of Van Gend en Loos, which concerned Article 25, Here the ECJ implemented that Art 25 (ex 12) of the EC Treaty, creates rights that individuals can rely on against a Member state, which has failed its obligation to implement the Article. 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. 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. It was later explained that vertical direct effect may also affect bodies that could be described as an emanation of the state. Marshall v Southampton Area Health Authority (1986) Court of Justice of the European Union None The ECJ, however, held that Directives, in Equality of treatment for men and women - Conditions governing dismissal. 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'. 475 ). 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. According to the court, it does not matter what capacity a state is acting. years old, while men could continue until they were 65. 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, approximately . Facts: In Case 152/84 M H Marshall v Southampton, the measure of compensation was considered in a successful claim for sex discrimination. THE DIRECTIVE APPLIES , ACCORDING TO ARTICLE 3 ( 1 ) THEREOF , TO : ' ( A ) STATUTORY SCHEMES WHICH PROVIDE PROTECTION AGAINST THE FOLLOWING RISKS : ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES , ( B)SOCIAL ASSISTANCE , IN SO FAR AS IT IS INTENDED TO SUPPLEMENT OR REPLACE THE SCHEMES REFERRED TO IN ( A ). M.H. 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. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. 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marshall v southampton health authority 1986 summary