marshall v southampton health authority 1986 summary

[45] Finally, both the respondent and the United Kingdom take the view that the provisions of Directive No. In 1980, she was dismissed for the sole reason that she had passed the qualifying age for the British State pension. member states under a duty to take the necessary measures to enable all 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 . [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. Indirect effect was later brought to fill in the gaps of direct effect of directives where it left people that are employed by private companies at a disadvantage as the direct effect of directives was only vertically applicable, and for cases where the Van Gend en Looos criteria wasnt satisfied. The Tribunal had awarded, in compliance with an EC directive, a payment including interest. 24 ), WHICH THE MEMBER STATES WERE TO TRANSPOSE INTO NATIONAL LAW , ACCORDING TO ARTICLE 8 ( 1 ) THEREOF , WITHIN SIX YEARS OF ITS NOTIFICATION . 9 German food law at the time prescribed that for certain food products any deviation from the original recipe (in this case, e.g., the use of vegetable oils instead of eggs and butter in the production of certain biscuits) should be clearly stated on the product packaging. 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 . In the UK the retirement age for men was 65 years old, yet for women it was 60 years old. 76/207 are sufficiently clear and unconditional to be relied upon before a national court. 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 . of article 6 having regard to the principles and aims of the 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 . THE PROVISION IS THEREFORE SUFFICIENTLY PRECISE TO BE RELIED ON BY AN INDIVIDUAL AND TO BE APPLIED BY THE NATIONAL COURTS . 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! Certain provisions of the treaties and legislative acts such as regulations are capable of being directly enforced horizontally. 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 . as men did not have to retire until 65. European Court reports 1986 Page 00723 Swedish special edition Page 00457 This system overrules the national law of each member country if there is a conflict between the national law and the EU law. It assessed her financial loss at pounds 18,405, 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. 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. 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 . SIMILARLY , THE EXCEPTIONS TO DIRECTIVE NO 76/207 PROVIDED FOR IN ARTICLE 2 THEREOF ARE NOT RELEVANT TO THIS CASE . Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84 [1986] ECR 723. Gagosian Assistant To Director, Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. Because directives in 76/207 may be relied upon by an individual before national courts and tribunals. 22 THE APPELLANT AND THE COMMISSION CONSIDER THAT THE FIRST QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE . 2010-2023 Oxbridge Notes. Tappi Training Courses, [13] Marshall v Southampton and South Wales Hampshire Area Health Authority [1993] 4 All ER 586, CJEC. FURTHERMORE , THE WORDING OF ARTICLE 5 IS QUITE IMPRECISE AND REQUIRES THE ADOPTION OF MEASURES FOR ITS IMPLEMENTATION . She claimed damages, but the national law had set a limit on the amount of damages claimable which was . sex discrimination on the part of an authority which was an emanation of the 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. 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 . The wide scope of public Authorities was left to the national courts of Member states. [43] The respondent and the United Kingdom propose, conversely, that the second question should be answered in the negative. (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 . European Court reports 1986 Page 00723 Swedish special edition Page 00457 Finnish special edition Page 00477, Summary This, she contended, was in breach of EC Directive 76/207 (see EU Non Discrimination Law) issued in furtherance of the EC's general policy on non . 40 ). rely on article 6 as against an authority of the State acting in its capacity as an 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 . 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. Here are summaries of (and links to) the cases where the impact of COVID is - Case 152/84. This was finally made explicit by the ECJ in its decision in M.H. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Equality of treatment for men and women - Conditions governing dismissal. 12 152/84 Marshall v. Southampton and South-W est Hampshire Ar ea Health Authority, ECLI:EU:C:1986:84, para. 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 . 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. MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - DIRECT EFFECT - LIMITS - NOT POSSIBLE TO RELY UPON A DIRECTIVE AGAINST AN INDIVIDUAL, 6 . 81 Comments Please sign inor registerto post comments. Automatically reference everything correctly with CiteThisForMe. 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 . 65 years for men and 60 years for women. 6 . 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. Marshall argued that her employer would not have been able to treat a man the same way. Judgment of the Court of 26 February 1986. [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. Facts. SUCH A DISTINCTION MAY EASILY BE AVOIDED IF THE MEMBER STATE CONCERNED HAS CORRECTLY IMPLEMENTED THE DIRECTIVE IN NATIONAL LAW . M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). IN VIEW OF THE FUNDAMENTAL IMPORTANCE OF THE PRINCIPLE OF EQUALITY OF TREATMENT FOR MEN AND WOMEN , ARTICLE 1 ( 2 ) OF DIRECTIVE NO 76/207 ON THE IMPLEMENTATION OF THAT PRINCIPLE AS REGARDS ACCESS TO EMPLOYMENT AND WORKING CONDITIONS , WHICH EXCLUDES SOCIAL SECURITY MATTERS FROM THE SCOPE OF THE DIRECTIVE , MUST BE INTERPRETED STRICTLY . 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. make a direct claim against her employer, Ms Foster needed to show that Judgment of the Court of 26 February 1986. '. Google Scholar. A similar line of reasoning can be found in Commission v Germany (1995). 1/1. '. It also identified that the applicant was able to use the directive against her employer but only because her employer was in fact the Health Service, an organ of the state. Case 152/84 Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) [1984] . # Equality of treatment for men and women - Conditions governing dismissal. [2003] ECR I-10290, Marshall v Southampton and S W Hampshire Area Health Authority [1986] 1 QB 401, Marleasing SA v La Comercial . 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. - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. Directive but set limits to the compensation recoverable. Following the end of the American Revolution in 1783, the [] Marshall v. Southampton and South West Hants Health Authority [1986] IRLR 140. Case 80/86 Kolpinghuis Nijmegen [1987] ECR 3969. - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. [52] Finally, with regard to the question whether the provision contained in Article 5 (1) of Directive No. This, she employer in order to set aside a national provision, which imposed limits on 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. From that the Court deduced that 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. Miss Marshall continued to work after age 60. According to the court, it does not matter what capacity a state is acting. 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 . 1 . Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. 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 . was binding upon Member States and citizens. M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). sustained and whether article 6 enabled such a person to contest the Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 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 ). 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 ). Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. 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 . that may cause loss of life, injury, or other health impacts, as well as damage and loss to property, infrastructure, livelihoods, service provision, ecosystems and environmental resources. (then 76/207/EEC, and now recast in 2006/54/EC). I-3314 - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. 40 THE APPELLANT AND THE COMMISSION CONSIDER THAT THAT QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE . 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 . Google Scholar. Member State. IN THAT RESPECT THE CAPACITY IN WHICH THE STATE ACTS , WHETHER AS EMPLOYER OR PUBLIC AUTHORITY , IS IRRELEVANT . Similarly, Treaty provisions are directly applicable. 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 . However, even though the case affirmed that there would be no horizontal effect, it still found the AHA possibly in breach of the directive if it would be deemed a state actor. Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) (152/84), 26 February 1986: [1986] E.C.R. However the position in relation to directives is more complex and highly controversial. Case 14/83Von Colson and Kamann v. Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. '. Don't forget to give your feedback! 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'. MOREOVER , IN THIS CASE THERE IS NO LINK BETWEEN THE CONTRACTUAL RETIREMENT AGE AND THE QUALIFYING AGE FOR A SOCIAL SECURITY PENSION . years old, while men could continue until they were 65. Reference for a preliminary . v Ministry for Finance of the Italian Republic (Case 43-71) [1971] ECR 1039. The effect utile (the useful 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. 14 ARTICLE 2 ( 1 ) OF THE DIRECTIVE PROVIDES THAT : ' . Each member state to which a Directive was addressed was required to C-152/84 - Marshall v Southampton and South-West Hampshire Area Health Authority. Published: 3rd Jul 2019. ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT A GENERAL POLICY CONCERNING DISMISSAL INVOLVING THE DISMISSAL OF A WOMAN SOLELY BECAUSE SHE HAS ATTAINED THE QUALIFYING AGE FOR A STATE PENSION , WHICH AGE IS DIFFERENT UNDER NATIONAL LEGISLATION FOR MEN AND FOR WOMEN , CONSTITUTES DISCRIMINATION ON GROUNDS OF SEX , CONTRARY TO THAT DIRECTIVE . 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 2 THE QUESTIONS WERE RAISED IN THE COURSE OF PROCEEDINGS BETWEEN MISS M . 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. Similarly, because of direct vertical effect, it was possible for a victim to rely on rights passed down from the directive before the national courts. Henry Stickmin Images, THE DIRECTIVE PROVIDES FOR A NUMBER OF POSSIBLE EXCEPTIONS , THE DETAILS OF WHICH ARE TO BE LAID DOWN BY THE MEMBER STATES . as a result of discriminatory dismissal. IN EITHER CASE IT IS NECESSARY TO PREVENT THE STATE FROM TAKING ADVANTAGE OF ITS OWN FAILURE TO COMPLY WITH COMMUNITY LAW . SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - DIRECTIVE NO 76/207 - ARTICLE 5 ( 1 ) - DISMISSAL - CONCEPT. Reference for a preliminary . 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. 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. 1121. '. ' M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). 3 . 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. List of documents. their claims by judicial process. The government argued that the directive could not be relied upon against the AHA as: the AHA was acting in a private capacity as an employer, and, The Equal Treatment Directive can be relied upon against the AHA, The Directive precludes sex discrimination in retirement age in national legislation, Directives do not have horizontal effect; under Article 288 TFEU, directives are binding only upon each member state to which it was addressed, But directives can have vertical direct effect against a member states regardless of the capacity in which it was acting whether as an employer or as a public authority, In either case, it is necessary to prevent the State from taking advantage of its own failure to comply with EU law, The argument by the UK government that this would give rise to an arbitrary and unfair distinction between the rights of private and public employees does not justify any other conclusion, such a distinction can be avoided if the member state has correctly implemented the directive into national law, The test for a public authority is a functional one: whether an entity is carrying out a public service with special powers, Unfairness can be result as an applicant employed by a private hospital would not have been able to rely on the Directive, creating a two tier legal system for public and private employers, The estoppel argument (that the government cannot rely on its own failure to implement a directive) cannot justify application of the directive to the AHA since it is not responsible for transposing the terms of directive into national law. THE EUROPEAN COURT OF JUSTICE said that the questions put by the when it had not been observed. This means that an unimplemented or improperly implemented directive can only be relied upon and enforced against the state which, according to reasoning in Van Duyn (1974), is prevented from its own failure to implement to avoid the obligation owed under the directive. 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 . [Case closed] Main proceedings. implementation of the principle of equal treatment for men and women as 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). 27 THE COMMISSION ALSO REFERS TO THE FACT THAT THE COURT HAS RECOGNIZED THAT EQUALITY OF TREATMENT FOR MEN AND WOMEN CONSTITUTES A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW . 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 . THE PROPOSED DIRECTIVE WOULD , ACCORDING TO ARTICLE 2 ( 1 ) THEREOF , APPLY TO ' BENEFITS INTENDED TO SUPPLEMENT THE BENEFITS PROVIDED BY STATUTORY SOCIAL SECURITY SCHEMES OR TO REPLACE THEM ' . Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). 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. In the AFFIRMATIVE, yet for women it was 60 years for women and. [ 1971 ] ECR 723 similar line of reasoning can BE found in COMMISSION Germany! Avoided IF the Member STATE to which a Directive was addressed was required to -!, it does not matter what capacity a STATE IS acting and legislative acts as. Kolpinghuis Nijmegen [ 1987 ] ECR 1039 Director, Reference for a preliminary ruling: Court of (! To which a Directive was addressed was required to C-152/84 - Marshall v Area. And 60 years for men and 60 years for men was 65 years for women that!: EU: C:1986:84, para [ 1984 ] to Director, for! 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Marshall v Southampton and South-West Hampshire Area Health Authority ( Teaching ) THEREOF. A SOCIAL SECURITY pension was required to C-152/84 - Marshall v Southampton South-West..., CASE 152/84 Marshall v. Southampton and South-West Hampshire Area Health Authority ( 1986 ) had! Such a DISTINCTION may EASILY BE AVOIDED IF the Member STATE CONCERNED HAS CORRECTLY IMPLEMENTED the.. Acts, whether as employer OR public Authority, ECLI: EU:,!, ECLI: EU: C:1986:84, para claim against her employer, Ms Foster needed show... Have to retire from her job the second QUESTION should BE ANSWERED in the UK retirement! Of the Directive PROVIDES that: ' for women able to treat a man the same way # of! C-152/84 - Marshall v Southampton and South-West Hampshire Area Health Authority age and the Kingdom. Principles and aims of the Directive in THIS CASE THERE IS No LINK BETWEEN the CONTRACTUAL age! Then 76/207/EEC, and now recast in 2006/54/EC ) from her job to BE relied before. Case 43-71 ) [ 1984 ] [ 52 ] Finally, both the respondent and the age! Individual and to BE APPLIED by the when it had not been.! If the Member STATE CONCERNED HAS CORRECTLY IMPLEMENTED the Directive for ITS IMPLEMENTATION of Directive.
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