4 . '. Directives can only ever by vertically directly effective. 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. 7 SECTIONS 27 ( 1 ) AND 28 ( 1 ) OF THE SOCIAL SECURITY ACT 1975 , THE UNITED KINGDOM LEGISLATION GOVERNING PENSIONS , PROVIDE THAT STATE PENSIONS ARE TO BE GRANTED TO MEN FROM THE AGE OF 65 AND TO WOMEN FROM THE AGE OF 60 . Ms. Marshall was employed by the Southampton and South West Hampshire Area Health Authority ("the Authority") as a dietician. 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 . 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. SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - DIRECTIVE NO 76/207 - ARTICLE 5 ( 1 ) - EFFECT IN RELATIONS BETWEEN THE STATE AND INDIVIDUAL - STATE ACTING AS EMPLOYER. 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 . Facts. List of documents. make a direct claim against her employer, Ms Foster needed to show that THE DIRECTIVE PROVIDES FOR A NUMBER OF POSSIBLE EXCEPTIONS , THE DETAILS OF WHICH ARE TO BE LAID DOWN BY THE MEMBER STATES . She argued it was because the board 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. The latest Man Utd news including team news, injury updates, transfers, features, match previews, match reports and more. 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. 3. Marshall argued that her employer would not have been able to treat a man the same way as they were able to treat her. ( 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 . A $20,000 Capacity Building Grant from Virginia Housing is helping an African American-led community development organization out of Charlottesville create its strategic plan. 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. definition of the "state", for the purpose of determining which organisations in 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. 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. was binding upon Member States and citizens. European Court Reports 1986 -00723 ECLI identifier: ECLI:EU:C:1986:84 Expand all Collapse all Is the law in this area satisfactory? (a minor suing by her mother and next friend S.G.) v Health Service Executive (Approved) [2022] IESC 14 (11 March 2022) Higgins v Irish Aviation Authority [2022] IESC 13_4 (07 March 2022) 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 . [43] The respondent and the United Kingdom propose, conversely, that the second question should be answered in the negative. 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 . 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. Ms Foster was required to retire from her job at British Gas when she was 60 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 . - 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 . 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'. 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. European Court reports 1986 Page 00723 Swedish special edition Page 00457 Marshall v Southampton Health Authority 1986 Directives ~may not of itself impose obligations on an individual~ therefore there is no horizontal direct effect. Translate PDF . The ECJ later indentified that the national courts should decide what bodies a Directive could be enforced using vertical direct effect. Where financial compensation was the measure adopted to restore a situation . Thus it fell to enquire whether the NHS should be deemed an "independent legal person" or an "arm of the state"; and that was a matter for the national court. Collage Illustrations, . Case 152/84 M H Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) (1986) ECR 723 is an EU Law case. 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 ). However the claim on the basis that the principle of equal treatment laid down by directive 76/207 was upheld. Von Colson and Kamann v Land Nordrhein-Westfalen (case 14/83) [1984] ECR 1891 On the Application of Wunsche Handelsgesellschaft (Solange II) [1987] 3 CMLR 225; before the German Federal Constitutional Court Google Scholar Case 262/84, Vera Mia Beets-Proper v. F. van Lanschot Bankiers N.V., [1986] ECR 773. Betting. Marshall argued that her employer would not have been able to treat a man the same way. 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. 40 ). Where a measure is horizontally directly effective it creates rights between citizens and is therefore enforceable by them in national courts. In its judgments, the European Court has stressed the fundamental importance of the right to equal treatment under the Treaty of Rome. In its judgments, the European Court has stressed the fundamental importance of the right to equal treatment under the Treaty of Rome. THEY CONTEND IN PARTICULAR , WITH REGARD TO ARTICLES 2 ( 1 ) AND 5 ( 1 ) OF DIRECTIVE NO 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 . Week 18 European Law; Marshall v Southampton and South West Area Health Authority No. OBSERVING THAT THE RESPONDENT WAS CONSTITUTED UNDER SECTION 8 ( 1 ) A ( B ) OF THE NATIONAL HEALTH SERVICE ACT 1977 AND WAS THEREFORE AN ' EMANATION OF THE STATE ' , THE COURT OF APPEAL REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING : ' ( 1 ) WHETHER THE RESPONDENT ' S DISMISSAL OF THE APPELLANT AFTER SHE HAD PASSED HER 60TH BIRTHDAY PURSUANT TO THE POLICY ( FOLLOWED BY THE RESPONDENT ) AND ON THE GROUNDS ONLY THAT SHE WAS A WOMAN WHO HAD PASSED THE NORMAL RETIRING AGE APPLICABLE TO WOMEN WAS AN ACT OF DISCRIMINATION PROHIBITED BY THE EQUAL TREATMENT DIRECTIVE . It must therefore be examined whether, in this case, the respondent must be regarded as having acted as an individual. [Case closed] Main proceedings. 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. The ECJ, however, held that Directives, in 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. 8 HOWEVER , THE RESPONDENT WAS PREPARED , IN ITS ABSOLUTE DISCRETION , TO WAIVE ITS GENERAL RETIREMENT POLICY IN RESPECT OF A PARTICULAR INDIVIDUAL IN PARTICULAR CIRCUMSTANCES AND IT DID IN FACT WAIVE THAT POLICY IN RESPECT OF THE APPELLANT BY EMPLOYING HER FOR A FURTHER TWO YEARS AFTER SHE HAD ATTAINED THE AGE OF 60 . Usvi Commercial Real Estate, what to wear ice skating indoors in summer, ice hockey clubs for beginners near manchester, stevens-johnson syndrome pictures early stages, How Many Visitors Visit Mount Rushmore Each Year. Although eventual implementation need not be uniform in every member state, the actual aim must be properly secured and where it is not, this may constitute a breach leading to a liability and damages must be paid accordingly with the guidelines set out in State liability as a remedy for citizens that have been a victim of a states failure. H . 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 Is Print Advertising Dead 2021, held a state is any manifestation or organisation under control of a central 49. 7 ). Operative part, 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 TERM ' DISMISSAL ' CONSTRUED IN THAT MANNER , EVEN IF THE DISMISSAL INVOLVES THE GRANT OF A RETIREMENT PENSION . 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). Their national validity was established through ratification of the Treaty. British Gas was a Case 152/84 Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) [1984] . THE EUROPEAN COURT OF JUSTICE said that the questions put by the - Equality of treatment for men and women - Conditions governing dismissal. 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 MUNSTER-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 . article 6, since it limited the amount of compensation a priori to a level, which 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. 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 . *You can also browse our support articles here >. They contend in particular, with regard to Articles 2(1) and 5(1) of Directive No. In the case of Marshall v Southampton and South West Hampshire AHA a reference was made under Article 234 on the issue of whether different retirement ages for men and women in the UK amounted to discrimination under Directive 76/207, the Equal Access Directive; the ECJ confirmed that it was. 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 . 39 SINCE THE FIRST QUESTION HAS BEEN ANSWERED IN THE AFFIRMATIVE , IT IS NECESSARY TO CONSIDER WHETHER ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MAY BE RELIED UPON BY AN INDIVIDUAL BEFORE NATIONAL COURTS AND TRIBUNALS . 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. 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. See also Donau Chemie , para 24. Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. ( 2 ) ARTICLE 5 ( 1 ) OF COUNCIL DIRECTIVE NO 76/207 OF 9 FEBRUARY 1976 , WHICH PROHIBITS ANY DISCRIMINATION ON GROUNDS OF SEX WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , MAY BE RELIED UPON AS AGAINST A STATE AUTHORITY ACTING IN ITS CAPACITY AS EMPLOYER , IN ORDER TO AVOID THE APPLICATION OF ANY NATIONAL PROVISION WHICH DOES NOT CONFORM TO ARTICLE 5 ( 1 ). 20 OBSERVATIONS WERE SUBMITTED TO THE COURT BY THE UNITED KINGDOM AND THE COMMISSION , IN ADDITION TO THE APPELLANT AND THE RESPONDENT . '. 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. 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. privacy policy. of equality, it must be adequate in that it must enable the loss and damage She would not have been dismissed when she was if she had been a man. Therefore unlike regulations and most treaty provisions, directives do not come into force immediately but require incorporation into national law in order to come into effect. TEU, to compensate individuals affected by the violation. 748, the Courtheld thatwhereverthe provisionsa of asdirectiveappear, far 688 Gaz:152/84. implementation of the principle of equal treatment for men and women as A person who had been injured as a result of discriminatory dismissal might SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - POLICY LINKING ENTITLEMENT TO A STATE RETIREMENT PENSION AND DISMISSAL - DIFFERENT PENSIONABLE AGE FOR MEN AND WOMEN - DISCRIMINATION, ( COUNCIL DIRECTIVE NO 76/207 , ART . 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 . disparities in retirement age.2 The case of Marshall v. Southampton and South West Hampshire Area Health Authority3 has attracted, in this country, more publicity than the other two cases, not least . 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 . '. ' 36 HOWEVER , IN VIEW OF THE FUNDAMENTAL IMPORTANCE OF THE PRINCIPLE OF EQUALITY OF TREATMENT , WHICH THE COURT HAS REAFFIRMED ON NUMEROUS OCCASIONS , ARTICLE 1 ( 2 ) OF DIRECTIVE NO 76/207 , WHICH EXCLUDES SOCIAL SECURITY MATTERS FROM THE SCOPE OF THAT DIRECTIVE , MUST BE INTERPRETED STRICTLY . By using 2 . '. 780; Case 262/84, Mrs. Vera M. Beets-Proper v. Van . Students also viewed Ms. Marshall was employed by the Southampton and South West Hampshire Area Health Authority ("the Authority") as a dietician. 76/207 are sufficiently clear and unconditional to be relied upon before a national court. 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 . 5 . 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. However the position in relation to directives is more complex and highly controversial. 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 . accordance with the applicable national rules. members of British Gas were appointed by a minister in the UK government regards working conditions. 1 (1986) and Foster v British Gas, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Tort Law Directions (Vera Bermingham; Carol Brennan), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Marketing Metrics (Phillip E. Pfeifer; David J. Reibstein; Paul W. Farris; Neil T. Bendle), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. This decision confirmed directives cannot create obligations for private parties nor can they be invoked against one. GROUP TUTORING. 40 THE APPELLANT AND THE COMMISSION CONSIDER THAT THAT QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE . Facts [ edit] Helen Marshall, a senior dietitian, claimed that her dismissal on grounds of being old violated the Equal Treatment Directive 1976. This selection (c) Oxford University Press, 2012. The article states that a directive shall be binding as to the result to be achieved, upon each member state to which it is addressed, but shall leave to the national authorities the choice of forms and methods. Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. THIS PRINCIPLE IS HEREINAFTER REFERRED TO AS ' ' THE PRINCIPLE OF EQUAL TREATMENT ' ' . Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. Parties 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 . 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. Chapter three: The rule of law and the separation of powers, Chapter eleven: Parliamentary sovereignty within the European Union. 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. [I]t is necessary to consider whether Article 5 (1) of Directive No. 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. 22. Case 152/84. [41] In support of that view, the appellant points out that directives are capable of conferring rights on individuals which may be relied upon directly before the courts of the Member States; national courts are obliged by virtue of the binding nature of a directive, in conjunction with Article 5 of the EEC Treaty, to give effect to the provisions of directives where possible, in particular when construing or applying relevant provisions of national law (judgment of 10 April 1984 in Case 14/83 von Colson and Kamann v Land Nordrhein-Westfalen [1984] ECR 189 1). 18 European law ; Marshall v Southampton and South-West Hampshire Area Health Authority case. England ) - United Kingdom and the COMMISSION CONSIDER that that question must regarded! The claim on the basis that the PRINCIPLE of equal treatment under the of. Where a measure is horizontally directly effective it creates rights between citizens and is therefore enforceable by them in courts... 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