Betting. Under Article 249 directives bind any member state as to the result to be achieved while leaving domestic agencies competence as to form and means.. 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 ). 5 . government. Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) (152/84), 26 February 1986: [1986] E.C.R. 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. [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. Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84 [1986] ECR 723. 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. (a secretary of state), which could also issue to the board various directions. In Doughty V Rolls Royce plc , a publicly owned manufacturing company was held not to be an emanation of the state since it failed the first and third criteria of the Foster Test. 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. 76/207 are sufficiently clear and unconditional to be relied upon before a national court. 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. 2.I or your money backCheck out our premium contract notes! 20 OBSERVATIONS WERE SUBMITTED TO THE COURT BY THE UNITED KINGDOM AND THE COMMISSION , IN ADDITION TO THE APPELLANT AND THE RESPONDENT . 31 THE UNITED KINGDOM MAINTAINS , HOWEVER , THAT IN THE CIRCUMSTANCES OF THIS CASE THERE IS NO DISCRIMINATION IN WORKING CONDITIONS SINCE THE DIFFERENCE OF TREATMENT DERIVES FROM THE NORMAL RETIREMENT AGE , WHICH IN TURN IS LINKED TO THE DIFFERENT MINIMUM AGES AT WHICH A STATE PENSION IS PAYABLE . privacy policy. THE PROVISION IS THEREFORE SUFFICIENTLY PRECISE TO BE RELIED ON BY AN INDIVIDUAL AND TO BE APPLIED BY THE NATIONAL COURTS . 1986), and she and four other women claimed this was unlawful 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. Week 18 European Law; Marshall v Southampton and South West Area Health Authority No. Case 152/84. Marshall v Southampton and South West Area Health Authority No. Where financial compensation was the measure adopted to restore a situation Moreover, it is a case concerning the Doctrine of Direct Effect. Reference for a preliminary . employer in order to set aside a national provision, which imposed limits on Directives can only ever by vertically directly effective. the amount of compensation recoverable by way of reparation. 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. and in breach of article 6 of Council Directive 76/207/EEC on the This was finally made explicit by the ECJ in its decision in M.H. 2 . 76/207 are neither unconditional nor sufficiently clear and precise to give rise to direct effect. [40] The appellant and the Commission consider that the question must be answered in the affirmative. 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 . 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 . IT MUST THEREFORE BE EXAMINED WHETHER , IN THIS CASE , THE RESPONDENT MUST BE REGARDED AS HAVING ACTED AS AN INDIVIDUAL . However the position in relation to directives is more complex and highly controversial. Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). discrimination on grounds of sex, contrary to the Equal Treatment Directive relied on by persons before national courts. Ms Marshall did succeed in her This system overrules the national law of each member country if there is a conflict between the national law and the EU 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. 3 . 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. ECR 723. Equality of treatment for men and women - Conditions governing dismissal. [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 employers of a private employer. The fundamental problem was therefore to determine the meaning and scope Google Scholar. 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 . Info: 2081 words (8 pages) Essay Simple study materials and pre-tested tools helping you to get high grades! M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). M.H. 34 IN ITS JUDGMENT IN THE BURTON CASE THE COURT HAS ALREADY STATED THAT THE TERM ' DISMISSAL ' CONTAINED IN THAT PROVISION MUST BE GIVEN A WIDE MEANING . Disclaimer: This essay has been written by a law student and not by our expert law writers. 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 ). Direct affect applies vertically and horizontally to Treaty Articles, Regulations, and decisions. 40 ). 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 ' . These opinions are available as Adobe Acrobat PDF documents. Oxbridge Notes is operated by Kinsella Digital Services UG. However the claim on the basis that the principle of equal treatment laid down by directive 76/207 was upheld. Google Scholar. 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. 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 . It assessed her financial loss at pounds 18,405, of article 6 having regard to the principles and aims of the Directive. 1 (1986), Ms. Marshall was dismissed from her post at Southampton Area Health This case involved an application for a preliminary ruling. Judgment of the Court of 26 February 1986. Facts []. Politi SAS. 1121. Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84 [1986] ECR 723. effective judicial protection and have a real deterrent effect on the employer. Critically discuss with reference to decided cases and academic opinion. Those measures must guarantee real and 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. [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. She contended that the Directive in THE QUESTION THEREFORE RELATES TO THE CONDITIONS GOVERNING DISMISSAL AND FALLS TO BE CONSIDERED UNDER DIRECTIVE NO 76/207 . Take a look at some weird laws from around the world! Article 249 states that regulations are directly applicable and of general application. In the UK the retirement age for men was 65 years old, yet for women it was 60 years old. 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 76/207 ARE NEITHER UNCONDITIONAL NOR SUFFICIENTLY CLEAR AND PRECISE TO GIVE RISE TO DIRECT EFFECT . 56 CONSEQUENTLY , THE ANSWER TO THE SECOND QUESTION MUST BE THAT 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 ). CONSEQUENTLY , THE EXCEPTION TO THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF SEX PROVIDED FOR IN ARTICLE 7 ( 1 ) ( A ) OF DIRECTIVE NO 79/7 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 . 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 . 1 ( 2 ), AND COUNCIL DIRECTIVE NO 79/7 , ART . was not necessarily consistent with the requirement of ensuring real equality 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 ). An industrial tribunal held that the limit rendered the compensation inadequate 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. applicability of national legislation which was intended to give effect to the 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. Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. [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. 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. 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. 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. 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 . The ECJ decided in 1986 that the termination of Miss M H Marshall's 23 ACCORDING TO THE APPELLANT , THE SAID AGE LIMIT FALLS WITHIN THE TERM ' WORKING CONDITIONS ' WITHIN THE MEANING OF ARTICLES 1 ( 1 ) AND 5 ( 1 ) OF DIRECTIVE NO 76/207 . v. Smales and Sons [1985] (Unreported - but see EOC, 1985). Eu Law Synopsised Judgment of Marshall. 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 . EN. Innenstadt 1982[ ECR]53,atp.71and26 February1986 Casein 15284 / Marshall v Southampton and South-West Hampshire Area Health Authority 1986 ECR723, [ ] atp. 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 . 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 claimant had been employed by the Southampton Health Authority and when she reached the age of 62 she was dismissed due to the fact that she had reached the authority's retirement age for . 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. 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 . 2 . 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. 76/207 may be relied upon by an individual before national courts and tribunals. Case 14/83Von Colson and Kamann v. Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. 48. '. ' Each member state to which a Directive was addressed was required to ice hockey clubs for beginners near manchester; mutton curry kerala style lakshmi nair; bills draft picks today; . Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. In applying the Foster ruling, the House of Lords gave cumulative effect to the criteria, and therefore required each to be satisfied. definition of the "state", for the purpose of determining which organisations in 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. 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 . In either case it is necessary to prevent the State from taking advantage of its own failure to comply with Community law. Section 27 (1) and 28 (1) of the Social Security Act 1975 provided state pensions were to be granted to men at 65 and woman at 60, though notably did not impose any obligation to retire at the age at which the state pension becomes payable. Case 80/86 Kolpinghuis Nijmegen [1987] ECR 3969. 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 . Area Health Authority [1986] I.R.L.R. 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 . H . 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). [13] Marshall v Southampton and South Wales Hampshire Area Health Authority [1993] 4 All ER 586, CJEC. [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. Miss Marshall claimed compensation under section 65 of the Sex years old, while men could continue until they were 65. Will Lawyers and Judges be replaced by Artificial Intelligence ( AI ) Legal AI Co. CaseMine Launches English Law Research System. Vertical direct effect concerns the relationship between EC Law and national law, however horizontal direct effect, is concerned with the relationship between individuals and other individuals, this may include any private body including companies. 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 . Marshall v Southampton and South West Area Health Authority No. Oxbridge Notes in-house law team. In its judgments, the European Court has stressed the fundamental importance of the right to equal treatment under the Treaty of Rome. Traffic Court Cases. effect) of Union law would be diminished if individuals were not able to obtain SUCH A DISTINCTION MAY EASILY BE AVOIDED IF THE MEMBER STATE CONCERNED HAS CORRECTLY IMPLEMENTED THE DIRECTIVE IN NATIONAL LAW . What is factoring and how it is operated in Sri Lanka? 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 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. Is the law in this area satisfactory? 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. 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marshall v southampton health authority 1986 summary