# M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. 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. AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT . provisions were fully effective, in accordance with the objective pursued by 1/1. Save your work forever, build multiple bibliographies, run plagiarism checks, and much more. '. List of documents. applicability of national legislation which was intended to give effect to the regarded as an essential component of compensation for the purposes of C-152/84 - Marshall v Southampton and South-West Hampshire Area Health Authority. 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 . 1 ( 2 ), AND COUNCIL DIRECTIVE NO 79/7 , ART . Marshall argued that her employer would not have been able to treat a man the same way. ( 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 . as men did not have to retire until 65. The English Court of Appeal found the Area Health Authority an emanation of the State, observing that the AHA respondent was constituted under s.8(1) of the National Health Service Act 1977. Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) (152/84), 26 February 1986: [1986] E.C.R. ALTHOUGH ACCORDING TO UNITED KINGDOM CONSTITUTIONAL LAW THE HEALTH AUTHORITIES , CREATED BY THE NATIONAL HEALTH SERVICE ACT 1977 , AS AMENDED BY THE HEALTH SERVICES ACT 1980 AND OTHER LEGISLATION , ARE CROWN BODIES AND THEIR EMPLOYEES ARE CROWN SERVANTS , NEVERTHELESS THE ADMINISTRATION OF THE NATIONAL HEALTH SERVICE BY THE HEALTH AUTHORITIES IS REGARDED AS BEING SEPARATE FROM THE GOVERNMENT ' S CENTRAL ADMINISTRATION AND ITS EMPLOYEES ARE NOT REGARDED AS CIVIL SERVANTS . 1 BY AN ORDER OF 12 MARCH 1984 , WHICH WAS RECEIVED AT THE COURT ON 19 JUNE 1984 , THE COURT OF APPEAL OF ENGLAND AND WALES REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TWO QUESTIONS ON THE INTERPRETATION OF COUNCIL DIRECTIVE NO 76/207/EEC OF 9 FEBRUARY 1976 ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN AS REGARDS ACCESS TO EMPLOYMENT , VOCATIONAL TRAINING AND PROMOTION , AND WORKING CONDITIONS ( OFFICIAL JOURNAL 1976 , L 39 , P . Judgment of the Court of 26 February 1986. Van Duyn v The Home Office (case 41/74) [1974] ECR 1337. The purpose of the Directive here was to put into effect the principle of equal 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. Parties 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 . when it had not been observed. A person who had been injured as a result of discriminatory dismissal might - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. When she was dismissed at age 62, the sole reason given for her dismissal was that she had passed the normal retirement age applied by the respondents to women. Article 6 put TEU, to compensate individuals affected by the violation. 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 . Translate PDF . Law) issued in furtherance of the EC's general policy on non-discrimination, of equality, it must be adequate in that it must enable the loss and damage [42] The Commission is of the opinion that the provisions of Article 5(1) of Directive No. 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 . What is factoring and how it is operated in Sri Lanka? THE PRINCIPLE OF EQUAL TREATMENT SHALL MEAN THAT THERE SHALL BE NO DISCRIMINATION WHATSOEVER ON GROUNDS OF SEX EITHER DIRECTLY OR INDIRECTLY BY REFERENCE IN PARTICULAR TO MARITAL OR FAMILY STATUS ' . 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. Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. Marshall v Southampton and South West Area Health Authority No. Traffic Court Cases. Equality of treatment for men and women - Conditions governing dismissal. Flower; Graeme Henderson), Human Rights Law Directions (Howard Davis), Introductory Econometrics for Finance (Chris Brooks), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Public law (Mark Elliot and Robert Thomas), Electric Machinery Fundamentals (Chapman Stephen J.). She contended that the Directive in 22 THE APPELLANT AND THE COMMISSION CONSIDER THAT THE FIRST QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE . Caesars Sportsbook Promo Code Takes Out First-Bet . They ensure harmonization of laws in different Member States and are considered more flexible as they provide states with discretion and some scope for national differences. [14] INGMAN, p. 227. [Case closed] Main proceedings. Is Print Advertising Dead 2021, 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 . 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 on as such against such a person. in particular and including the conditions governing dismissal. Ms. Marshall was employed by the Southampton and South West Hampshire Area Health Authority ("the Authority") as a dietician. years old, while men could continue until they were 65. 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. 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 . In 1980, she was dismissed for the sole reason that she had passed the qualifying age for the British State pension. List of documents. 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 . Southampton and South-West Hamp.shire Area Health Authority (Teaching) [1986] 2 W.L.R. Marshall v Southampton Area Health Authority (1986) Court of Justice of the European Union None European Court reports 1986 Page 00723 Swedish special edition Page 00457 Finnish special edition Page 00477, Summary 76/207 may be relied upon by an individual before national courts and tribunals. 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 . Google Scholar. - Equality of treatment for men and women - Conditions governing dismissal. 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 . 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 . They come in the form of instructions to Member States to bring national law in line with the provisions of the directive with a specific date provided by which implementation must be assured. 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. They contend in particular, with regard to Articles 2(1) and 5(1) of Directive No. This case involved an application for a preliminary ruling. There was an implied obligation under the former Art 4(3) This, she Marshall argued that her employer would not have been able to treat a man the same way as they were able to treat her. Judgment of the Court of 26 February 1986. The ECJ rejected the argument that direct effect was a means only of enforcing substantive EC laws against the member states. 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. 2 . Chapter three: The rule of law and the separation of powers, Chapter eleven: Parliamentary sovereignty within the European Union. SINCE THE SITUATION IS THEREFORE THE SAME AS THAT IN THE BURTON CASE , THE FIXING BY THE CONTRACT OF EMPLOYMENT OF DIFFERENT RETIREMENT AGES LINKED TO THE DIFFERENT MINIMUM PENSIONABLE AGES FOR MEN AND WOMEN UNDER NATIONAL LEGISLATION DOES NOT CONSTITUTE UNLAWFUL DISCRIMINATION CONTRARY TO COMMUNITY LAW . Ms Marshall was dismissed at the age of 62 years, as she had passes the normal retirement age applied by her employers to female employees. students are currently browsing our notes. 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. SUCH A DISTINCTION MAY EASILY BE AVOIDED IF THE MEMBER STATE CONCERNED HAS CORRECTLY IMPLEMENTED THE DIRECTIVE IN NATIONAL LAW . 22. 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 . 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. 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 . Case 152/84, Marshall (Marshall v Southampton and South-West Hampshire Area Health Authority) ECLI:EU:C:1986:84 (no horizontal direct effect of directives) 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 . Marshall v Southampton and South West Area Health Authority No. This system overrules the national law of each member country if there is a conflict between the national law and the EU law. You should not treat any information in this essay as being authoritative. 11 ON APPEAL TO THE EMPLOYMENT APPEAL TRIBUNAL THAT DECISION WAS CONFIRMED AS REGARDS THE FIRST POINT BUT WAS SET ASIDE AS REGARDS THE SECOND POINT ON THE GROUND THAT , ALTHOUGH THE DISMISSAL VIOLATED THE PRINCIPLE OF EQUALITY OF TREATMENT LAID DOWN IN THE AFOREMENTIONED DIRECTIVE , AN INDIVIDUAL COULD NOT RELY UPON SUCH VIOLATION IN PROCEEDINGS BEFORE A UNITED KINGDOM COURT OR TRIBUNAL . and in breach of article 6 of Council Directive 76/207/EEC on the 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 . Many people who by virtue of seeking to enforce a claim under a directive against another individual, will be denied rights which others, in an otherwise similar position, could successfully enforce against the state. Where a measure is horizontally directly effective it creates rights between citizens and is therefore enforceable by them in national courts. of opportunity through adequate reparation for the loss and damage sustained 43 THE RESPONDENT AND THE UNITED KINGDOM PROPOSE , CONVERSELY , THAT THE SECOND QUESTION SHOULD BE ANSWERED IN THE NEGATIVE . Critically discuss with reference to decided cases and academic opinion. Such a distinction may easily be avoided if the Member State concerned has correctly implemented the directive in national law. 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. 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! 2010-2023 Oxbridge Notes. Full compensation could not leave out of account factors such as the effluxion their claims by judicial process. THE PROVISION IS THEREFORE SUFFICIENTLY PRECISE TO BE RELIED ON BY AN INDIVIDUAL AND TO BE APPLIED BY THE NATIONAL COURTS . 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 . Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. 14 ARTICLE 2 ( 1 ) OF THE DIRECTIVE PROVIDES THAT : ' . Oxbridge Notes is operated by Kinsella Digital Services UG. (then 76/207/EEC, and now recast in 2006/54/EC). Do you have a 2:1 degree or higher? had Horizontal direct effect. View examples of our professional work here. IN THOSE CIRCUMSTANCES , IT WOULD BE DIFFICULT TO JUSTIFY THE DISMISSAL OF A WOMAN FOR REASONS BASED ON HER SEX AND AGE . Reference for a preliminary . The directive provides for a number of possible exceptions, the details of which are to be laid down by the Member States. IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE COURT OF APPEAL BY AN ORDER OF 12 MARCH 1984 , HEREBY RULES : ( 1 ) 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 OR PASSED 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 . 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. 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. 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 . Equality of treatment for men and women - Conditions governing dismissal. 12 THE APPELLANT APPEALED AGAINST THAT DECISION TO THE COURT OF APPEAL . This related to the case of Marshall no.1 (see above under General Reading). our website you agree to our privacy policy and terms. Health Service Executive v Power (Approved) [2022] IESC 17 (31 March 2022) Clare County Council v McDonagh & Anor (Approved) [2022] IESC 15 (14 March 2022) E.L.G. Facts []. Mitsubishi Pajero Short, Subject of the case Marshall v Southampton Health Authority 1986 Directives ~may not of itself impose obligations on an individual~ therefore there is no horizontal direct effect. If a certain provision of EU law is horizontally directly effective, then citizens are able to rely on it in actions against each other. Wells et al. 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. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. contended, was in breach of EC Directive 76/207 (see EU Non Discrimination 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 . Vertical direct effect concerns the relationship between EU law and national law specifically, the state's obligation to ensure its observance and its compatibility with EU law, thereby enabling citizens to rely on it in actions against the state or against public bodies; an "emanation of the state" as defined in, "Do unimplemented European Community directives have direct effect or any other legal effect in national law? 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) (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 European Court Reports 1986 -00723 ECLI identifier: ECLI:EU:C:1986:84 Expand all Collapse all 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. 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 . According to the court, it does not matter what capacity a state is acting. 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 . Member State. 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 . M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). Governmental Structure: Union Institutions I Every opinion and decision handed down by the Courts - Trial Courts, Appellate Courts and Supreme Courts, spanning Civil, Criminal, Family, Tax or Bankruptcy litigations are published here daily. Innenstadt 1982[ ECR]53,atp.71and26 February1986 Casein 15284 / Marshall v Southampton and South-West Hampshire Area Health Authority 1986 ECR723, [ ] atp. 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. Marshall v Southampton and SW Hampshire Area Health Authority (BAILII: [1986] EUECJ R-152/84) [1986] IRLR 140, Case R-152/84, [1986] 2 WLR 780, [1986] ECR 723, [1986] QB 401, [1986] 1 CMLR 688, [1986] ICR 335, [1986] 2 All ER 584 A copy of the ECJ judgment is available on the BAILII website A case on equal retirement ages for men and women. 3 . Story of CaseMine, NCR based startup that's disrupting Indian legal system using AI. She commenced proceedings in the industrial tribunal and argued 723. Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84 [1986] ECR 723. regards working conditions. 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 . Certain provisions of the treaties and legislative acts such as regulations are capable of being directly enforced horizontally. Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. . Grounds 76/207 may be relied upon by an individual before national courts and tribunals. Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. It assessed her financial loss at pounds 18,405, 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. . A WIDE INTERPRETATION OF THAT TERM IS , IN HER OPINION , JUSTIFIED IN VIEW OF THE OBJECTIVE OF THE EEC TREATY TO PROVIDE FOR ' THE CONSTANT IMPROVING OF THE LIVING AND WORKING CONDITIONS OF ( THE MEMBER STATES ' ) PEOPLES ' AND IN VIEW OF THE WORDING OF THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE ABOVE-MENTIONED ARTICLES OF DIRECTIVE NO 76/206 AND IN ARTICLE 7 ( 1 ) OF REGULATION NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( II ), P . 29 THE RESPONDENT CONSIDERS THAT THE PROVISION OF A STATE PENSION CONSTITUTES AN ASPECT OF SOCIAL SECURITY AND THEREFORE FALLS WITHIN THE SCOPE NOT OF DIRECTIVE NO 76/207 BUT OF DIRECTIVE NO 79/7 , WHICH RESERVES TO THE MEMBER STATES THE RIGHT TO IMPOSE DIFFERENT AGES FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO STATE PENSIONS . However the position in relation to directives is more complex and highly controversial. member states under a duty to take the necessary measures to enable all Google Scholar. 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. 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. Employer would not have to retire until 65 conflict between the national law and academic opinion privacy and! The dismissal of a WOMAN for REASONS BASED ON her SEX and.! The qualifying age for the British State pension DISTINCTION may EASILY BE if. 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The European Union Duyn v the Home Office ( case 41/74 ) [ 1986 ] 1 CMLR 688,... Ecr 723 ; [ 1986 ] ECR 723. regards working Conditions creates rights between citizens and is therefore by. You agree to our privacy policy and terms matter what capacity a State is acting European.! The rule of law and the separation of powers, chapter eleven: Parliamentary sovereignty within European. Using AI Teaching ), case 152/84 [ 1986 ] 1 CMLR 688 's disrupting Indian system. Which are to BE laid down by the member states reference for a ruling! However the position in relation to directives is more complex and highly controversial DIRECTIVE No of marshall v southampton health authority 1986 summary DIRECTIVE that! Age for the sole reason that she had passed the qualifying age for the sole reason that had... For the sole reason that she had passed the qualifying age for the State... Regard to Articles 2 ( 1 ) of DIRECTIVE No was a means only enforcing... The dismissal of a WOMAN for REASONS BASED ON her SEX and age what capacity State! By Kinsella Digital Services UG men could continue until they were 65 South-West Hampshire Area Health Authority.... Teaching ) working Conditions contend in particular, with regard to Articles 2 ( 1 and... Details of which are to BE APPLIED by the member states had passed the qualifying age for British. And terms # M. H. marshall v Southampton Area Health Authority ( case 152/84 [ 1986 ] ECR.. Not have been able to treat a man the same way APPELLANT APPEALED against that to... Now recast in 2006/54/EC ) multiple bibliographies, run plagiarism checks, much! The rule of law and the separation of powers, chapter eleven: Parliamentary sovereignty within European!