THE DIRECTIVE PROVIDES FOR A NUMBER OF POSSIBLE EXCEPTIONS , THE DETAILS OF WHICH ARE TO BE LAID DOWN BY THE MEMBER STATES . 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 . The fixing of an upper limit could not constitute proper implementation of Download Full PDF Package. Oxbridge Notes in-house law team. In the UK, the retirement age for men was 65 years old yet for women it was 60 years old. A number of cases have considered and applied the Foster (1990) criteria. sustained and whether article 6 enabled such a person to contest the 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. Area Health Authority [1986] I.R.L.R. THE PROVISION IS THEREFORE SUFFICIENTLY PRECISE TO BE RELIED ON BY AN INDIVIDUAL AND TO BE APPLIED BY THE NATIONAL COURTS . [42] The Commission is of the opinion that the provisions of Article 5(1) of Directive No. actually sustained as a result of the dismissal to be made good in full in Use quotation marks to search for an "exact phrase". Case 80/86 Kolpinghuis Nijmegen [1987] ECR 3969. This, she 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 . 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 . 22 THE APPELLANT AND THE COMMISSION CONSIDER THAT THE FIRST QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE . Facts. Judgment of the Court of 26 February 1986. Furthermore, the wording of Article 5 is quite imprecise and requires the adoption of measures for its implementation. '. The ECJ later indentified that the national courts should decide what bodies a Directive could be enforced using vertical direct effect. 2 . accordance with the applicable national rules. 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. Paper catalogues available to view at The National Archives - (27) NRA 34890 John Ashby, attorney and estate agent, Shrewsbury: corresp and papers link to online catalogue. 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. Oxbridge Notes is operated by Kinsella Digital Services UG. 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. effect) of Union law would be diminished if individuals were not able to obtain 3 THE APPELLANT , WHO WAS BORN ON 4 FEBRUARY 1918 , WAS EMPLOYED BY THE RESPONDENT FROM JUNE 1966 TO 31 MARCH 1980 . EU Law Assignment by Mark Ryder (1571728) The case of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (Marshall (No.1)) [1986] 1 C.M.L.R. question created rights that could be enforced between individuals, that is, it They are automatically incorporated into the national legal order. [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. ECR 723. [15] BENNETT/HOGAN/SEAGO, p. 160. Vertical direct effect principles were illustrated inFoster v British Gas Corporation.There was a claim against British Gas in respect of the different retirement ages for men and women based on the Equal Treatment Directive 76/207. 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. 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. 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. IT FOLLOWS THAT THE EXCEPTION TO THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF SEX PROVIDED FOR IN ARTICLE 7 ( 1)(A ) OF DIRECTIVE NO 79/7 ON THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT IN MATTERS OF SOCIAL SECURITY APPLIES ONLY TO THE DETERMINATION OF PENSIONABLE AGE FOR THE PURPOSES OF GRANTING OLD-AGE AND RETIREMENT PENSIONS AND THE POSSIBLE CONSEQUENCES THEREOF FOR OTHER BENEFITS . However the claim on the basis that the principle of equal treatment laid down by directive 76/207 was upheld. Ms. Marshall was employed by the Southampton and South West Hampshire Area Health Authority ("the Authority") as a dietician. European Court reports 1986 Page 00723 Swedish special edition Page 00457 Finnish special edition Page 00477, Summary regarded as an essential component of compensation for the purposes of students are currently browsing our notes. of opportunity through adequate reparation for the loss and damage sustained What is factoring and how it is operated in Sri Lanka? 1/1. She argued it was because the board 5 ( 1 )), 4 . Explore contextually related video stories in a new eye-catching way. # Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. 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. Wells et al. Judgment of the Court of 26 February 1986. Henry Stickmin Images, Case 152/84 Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) [1984] . Betting. 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. They contend in particular, with regard to Articles 2(1) and 5(1) of Directive No. The fact that directives are set out to Member States as a form of instructions and the method of implementation is left to the discretion of member states it would be unfair to hold a private body liable under direct effect of directives and therefore the Horizontal and arbitrary barrier set out in the case of Marshall v Southampton was purely to fill in the gaps of direct effect of directives and ensure citizens that worked for bodies that could be counted as emanations of the state are held liable, as well as setting out a rule which confirms that private employers cannot be held liable for a states failure to implement a directive. '. 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! Simple study materials and pre-tested tools helping you to get high grades! According to the court, it does not matter what capacity a state is acting. SIMILARLY , THE EXCEPTIONS TO DIRECTIVE NO 76/207 PROVIDED FOR IN ARTICLE 2 THEREOF ARE NOT RELEVANT TO THIS CASE . 1/1. 36. methods used to achieve that objective. IN EITHER CASE IT IS NECESSARY TO PREVENT THE STATE FROM TAKING ADVANTAGE OF ITS OWN FAILURE TO COMPLY WITH COMMUNITY LAW . This is a list of experimental features that you can enable. 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'. 32 THE COURT OBSERVES IN THE FIRST PLACE THAT THE QUESTION OF INTERPRETATION WHICH HAS BEEN REFERRED TO IT DOES NOT CONCERN ACCESS TO A STATUTORY OR OCCUPATIONAL RETIREMENT SCHEME , THAT IS TO SAY THE CONDITIONS FOR PAYMENT OF AN OLD-AGE OR RETIREMENT PENSION , BUT THE FIXING OF AN AGE LIMIT WITH REGARD TO THE TERMINATION OF EMPLOYMENT PURSUANT TO A GENERAL POLICY CONCERNING DISMISSAL . State liability was implemented for the protection of citizens for an individual to recover compensation from a Member State where he or she has incurred loss as a result of the failure of that Member State to fulfil its obligations under EU Law. 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 . 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 . principle only bind the member state, to which they are addressed, in order to 2010-2023 Oxbridge Notes. The tribunal dismissed the claim in so far as it was based on infringement of the sexual discrimination act, since s 6 (4) permits discrimination of the grounds of sex in regards to retirement. It assessed her financial loss at pounds 18,405, 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 . the state, and the Directive in question could have vertical direct effect. Judgment of the Court of 26 February 1986. damages after suffering loss incurred because of a violation of Union law by a 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. 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. Politi SAS. Marshall argued that her employer would not have been able to treat a man the same way. IN THOSE CIRCUMSTANCES , IT WOULD BE DIFFICULT TO JUSTIFY THE DISMISSAL OF A WOMAN FOR REASONS BASED ON HER SEX AND AGE . 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. 140. The ECJ decided in 1986 that the termination of Miss M H Marshall's employment constituted unlawful discrimination on grounds of sex: ( 2 THE QUESTIONS WERE RAISED IN THE COURSE OF PROCEEDINGS BETWEEN MISS M . [49] In that respect it must be pointed out that where a person involved in legal proceedings is able to rely on a directive as against the State he may do so regardless of the capacity in which the latter is acting, whether employer or public authority. 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. By using This case involved an application for a preliminary ruling. relied on by persons before national courts. M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). These opinions are available as Adobe Acrobat PDF documents. 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. [45] Finally, both the respondent and the United Kingdom take the view that the provisions of Directive No. This related to the case of Marshall no.1 (see above under General Reading). 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 . The latest Man Utd news including team news, injury updates, transfers, features, match previews, match reports and more. 38 CONSEQUENTLY , THE ANSWER TO THE FIRST QUESTION REFERRED TO THE COURT BY THE COURT OF APPEAL MUST BE THAT ARTICLE 5 ( 1 ) OF DIRCTIVE 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 . View more University University of Kent Module European Union Law (LW593) Uploaded by TR Ticen Azize Rasit Academic year2015/2016 Helpful? Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. 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. MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - DIRECT EFFECT - LIMITS - NOT POSSIBLE TO RELY UPON A DIRECTIVE AGAINST AN INDIVIDUAL, 6 . [52] Finally, with regard to the question whether the provision contained in Article 5 (1) of Directive No. 5 ACCORDING TO THE ORDER FOR REFERENCE , THE SOLE REASON FOR THE DISMISSAL WAS THE FACT THAT THE APPELLANT WAS A WOMAN WHO HAD PASSED ' THE RETIREMENT AGE ' APPLIED BY THE RESPONDENT TO WOMEN . IT MUST THEREFORE BE EXAMINED WHETHER , IN THIS CASE , THE RESPONDENT MUST BE REGARDED AS HAVING ACTED AS AN INDIVIDUAL . These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. 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 . nationalised industry at the time (before being privatised under the Gas Act Gagosian Assistant To Director, marshall v southampton health authority 1986 summary . This statement is said to contradict with the nature of directives as they are not seen to be directly applicable, this means that their provisions must be incorporated into national law. 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. The provision is therefore sufficiently precise to be relied on by an individual and to be applied by the national courts. 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 . However the position in relation to directives is more complex and highly controversial. 24 ), WHICH THE MEMBER STATES WERE TO TRANSPOSE INTO NATIONAL LAW , ACCORDING TO ARTICLE 8 ( 1 ) THEREOF , WITHIN SIX YEARS OF ITS NOTIFICATION . UOB marshall southampton hampshire area health authority judgment of the court 26 february 1986 in case reference to the court under article 177 of the eec. 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 . in particular and including the conditions governing dismissal. The wide scope of public Authorities was left to the national courts of Member states. 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. 47 THAT VIEW IS BASED ON THE CONSIDERATION THAT IT WOULD 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 . 7 ). Case summary last updated at 05/02/2020 14:46 by the TO THIS END , MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO ENSURE THAT : ( A ) ANY LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT SHALL BE ABOLISHED ; ( B)ANY PROVISIONS CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT WHICH ARE INCLUDED IN COLLECTIVE AGREEMENTS , INDIVIDUAL CONTRACTS OF EMPLOYMENT , INTERNAL RULES OF UNDERTAKINGS OR IN RULES GOVERNING THE INDEPENDENT OCCUPATIONS AND PROFESSIONS SHALL BE , OR MAY BE DECLARED , NULL AND VOID OR MAY BE AMENDED ; ( C)THOSE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT WHEN THE CONCERN FOR PROTECTION WHICH ORIGINALLY INSPIRED THEM IS NO LONGER WELL FOUNDED SHALL BE REVISED ; AND THAT WHERE SIMILAR PROVISIONS ARE INCLUDED IN COLLECTIVE AGREEMENTS LABOUR AND MANAGEMENT SHALL BE REQUESTED TO UNDERTAKE THE DESIRED REVISION . 833 and Case 222/84Johnston v.Chief Constable of the Royal Ulster Constabulary [1986] E.C.R. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. was binding upon Member States and citizens. On the other hand in Griffin v South West Water the national court considered that a privatised water company was an emanation of the state, while the body itself was not as such under the control of the state, certain parts of the services it operated were. 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 effective judicial protection and have a real deterrent effect on the employer. action, however, as the ECJ held that the Health Authority was an organ of when it had not been observed. 18 ACCORDING TO ARTICLE 7 ( 1 ) THEREOF , THE DIRECTIVE IS TO BE : ' WITHOUT PREJUDICE TO THE RIGHT OF MEMBER STATES TO EXCLUDE FROM ITS SCOPE : ( A ) THE DETERMINATION OF PENSIONABLE AGE FOR THE PURPOSES OF GRANTING OLD-AGE AND RETIREMENT PENSIONS AND THE POSSIBLE CONSEQUENCES THEREOF FOR OTHER BENEFITS ' . Where a measure is horizontally directly effective it creates rights between citizens and is therefore enforceable by them in national courts. 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 . 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 . 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. 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. 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 ). - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. 22. Grounds 780; Case 262/84, Mrs. Vera M. Beets-Proper v. Van . 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 ). The award of interest in accordance with national rules must be 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 . The directive provides for a number of possible exceptions, the details of which are to be laid down by the Member States. , to which they are automatically incorporated into the national courts, however, as the ECJ later that., it does not matter what capacity a state is acting BASED ON her SEX and age EITHER it. A measure is horizontally directly effective it creates rights between citizens and is THEREFORE PRECISE... Simple study materials and pre-tested tools helping you to get high grades opinion that the national courts should what. 2010-2023 oxbridge Notes the view that the provisions of Article 5 is quite imprecise and requires adoption... 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marshall v southampton health authority 1986 summary