The English Court of Appeal held that British Gas was not a public body against which the directive could be enforced. Welcome to the Town of Brookhaven, the largest town in Suffolk County and a great place to live, work and play. 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. H . 42 THE COMMISSION IS OF THE OPINION THAT THE PROVISIONS OF ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 ARE SUFFICIENTLY CLEAR AND UNCONDITIONAL TO BE RELIED UPON BEFORE A NATIONAL COURT . The Tribunal had awarded, in compliance with an EC directive, a payment including interest. 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. They are automatically incorporated into the national legal order. Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. 3 . 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 . There was an implied obligation under the former Art 4(3) 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. This can be seen in the contrasting decisions of the cases where the employers were found not to be an emanation of the state, this can be seen in the case of Duke v GEC Reliance; within this case the UK was at fault for failing to implement the Directive 76/207. Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. 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. of time. The three limb test set out by the case of Foster , was also accompanied by the ECJ referring to previous decisions indicating that directives can also be invoked against tax authorities, this can be seen in the case Becker v Hauptzollamt Munster Innerstadt, local or regional authorities such as the case Fratelli Costanzo v commune de Milano, authorities responsible for the maintenance of public order and safety which is illustrated in the case of Johnston v RUC, and public health authorities. HOWEVER , THE CLAIM THAT THE PRINCIPLE OF EQUALITY OF TREATMENT LAID DOWN BY DIRECTIVE NO 76/207 HAD BEEN INFRINGED WAS UPHELD BY THE INDUSTRIAL TRIBUNAL . 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 ' . If you have any other questions, comments or concerns, please contact our Call Center at 631-451-TOWN (8696). was binding upon Member States and citizens. members of British Gas were appointed by a minister in the UK government 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 its judgment of 26 february 1986, in case 152/84, marshall/southampton and south-west hampshire area health authority, the court of justice points out that, where a person involved in legal proceedings is able to rely on a directive in an action against the state, he may do so regardless of the capacity in which the latter is acting, whether . In a later case it was set that any one of the elements set out in in the case of Foster need only be satisfied for a body to be found to be an emanation of the state, rather than all three. These opinions are available as Adobe Acrobat PDF documents. 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 . 5 ( 1 )), 4 . 20 OBSERVATIONS WERE SUBMITTED TO THE COURT BY THE UNITED KINGDOM AND THE COMMISSION , IN ADDITION TO THE APPELLANT AND THE RESPONDENT . [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. 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 . Google Scholar. 30 THE UNITED KINGDOM , WHICH ALSO TAKES THAT VIEW , MAINTAINS , HOWEVER , THAT TREATMENT IS CAPABLE OF BEING DISCRIMINATORY EVEN IN RESPECT OF A PERIOD AFTER RETIREMENT IN SO FAR AS THE TREATMENT IN QUESTION ARISES OUT OF EMPLOYMENT OR EMPLOYMENT CONTINUES AFTER THE NORMAL CONTRACTUAL RETIREMENT AGE . The measures should be sufficiently effective The AHA were able to waive the term, which was deemed an implied term of Marshall's contract of employment and had done so for a further two years after she attained the age of 60. However the position in relation to directives is more complex and highly controversial. was not necessarily consistent with the requirement of ensuring real equality 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. 21 BY THE FIRST QUESTION THE COURT OF APPEAL SEEKS TO ASCERTAIN WHETHER OR NOT ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT A GENERAL POLICY CONCERNING DISMISSAL , FOLLOWED BY A STATE AUTHORITY , 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 . Judgment of the Court of 26 February 1986. 12 152/84 Marshall v. Southampton and South-W est Hampshire Ar ea Health Authority, ECLI:EU:C:1986:84, para. THEY MAY THEREFORE BE SET UP AGAINST SECTION 6 ( 4 ) OF THE SEX DISCRIMINATION ACT , WHICH , ACCORDING TO THE DECISIONS OF THE COURT OF APPEAL , HAS BEEN EXTENDED TO THE QUESTION OF COMPULSORY RETIREMENT AND HAS THEREFORE BECOME INEFFECTIVE TO PREVENT DISMISSALS BASED UPON THE DIFFERENCE IN RETIREMENT AGES FOR MEN AND FOR WOMEN . The wide scope of public Authorities was left to the national courts of Member states. students are currently browsing our notes. 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. The ECJ has developed a principle of direct effect whereby a provision of community law may be enforced by individuals in the national court of their Member State. 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 . 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). 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 . ( 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 ). Member State. Foster v British Gas plc (1990) C-188/89 is a leading EU law concerning the 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. 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. 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 . Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. IN EITHER CASE IT IS NECESSARY TO PREVENT THE STATE FROM TAKING ADVANTAGE OF ITS OWN FAILURE TO COMPLY WITH COMMUNITY LAW . They may therefore be set up against section 6(4) of the Sex Discrimination Act, which, according to the decisions of the Court of Appeal, has been extended to the question of compulsory retirement and has therefore become ineffective to prevent dismissals based upon the difference in retirement ages for men and for women. In the UK, the retirement age for men was 65 years old yet for women it was 60 years old. Chapter three: The rule of law and the separation of powers, Chapter eleven: Parliamentary sovereignty within the European Union. 24 THE APPELLANT ARGUES FURTHERMORE , THAT THE ELIMINATION OF DISCRIMINATION ON GROUNDS OF SEX FORMS PART OF THE CORPUS OF FUNDAMENTAL HUMAN RIGHTS AND THEREFORE OF THE GENERAL PRINCIPLES OF COMMUNITY LAW . 14 ARTICLE 2 ( 1 ) OF THE DIRECTIVE PROVIDES THAT : ' . 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 ). Case 14/83Von Colson and Kamann v. Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. # Case 152/84. Each member state to which a Directive was addressed was required to Van Gend en Loos v Nederlandse Tariefcommissie (case 26/62) [1963] ECR 1. 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. Eu Law Synopsised Judgment of Marshall. 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. Discrimination Act 1975, which limited an award to pounds 6,250. Written by Oxford & Cambridge prize-winning graduates, Includes copious academic commentary in summary form, Concise structure relating cases and statutes into an easy-to-remember whole. 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. 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. ", https://en.wikipedia.org/w/index.php?title=Marshall_v_Southampton_Health_Authority&oldid=1117798481. 748, the Courtheld thatwhereverthe provisionsa of asdirectiveappear, far 688 Gaz:152/84. 70 Manfredi, para 97, citing Case C-271/91 Marshall v Southampton and South West Hampshire Area Health Authority, EU:C:1993:335, para 31. dismissal upon grounds of sexual discrimination and the direct effect of community law directives in issues of state employment, were the key ingredients to this matter, when a former employee of the south-west hampshire area health authority was subjected to unexpected termination of her employment, despite intimations that her post was secure In 1980, she was dismissed for the sole reason that she had passed the qualifying age for the British State pension. sex discrimination on the part of an authority which was an emanation of the 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. 1 ( 2 ), AND COUNCIL DIRECTIVE NO 79/7 , ART . Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Furthermore, the wording of Article 5 is quite imprecise and requires the adoption of measures for its implementation. THE QUESTION THEREFORE RELATES TO THE CONDITIONS GOVERNING DISMISSAL AND FALLS TO BE CONSIDERED UNDER DIRECTIVE NO 76/207 . In the UK the retirement age for men was 65 years old, yet for women it was 60 years old. 5 ( 1 )). 40 ). Direct affect applies vertically and horizontally to Treaty Articles, Regulations, and decisions. 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 . Critically discuss with reference to decided cases and academic opinion. 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. 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. 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. This document is an excerpt from the EUR-Lex website. 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 . 55 IT FOLLOWS THAT ARTICLE 5 OF DIRECTIVE NO 76/207 DOES NOT CONFER ON THE MEMBER STATES THE RIGHT TO LIMIT THE APPLICATION OF THE PRINCIPLE OF EQUALITY OF TREATMENT IN ITS FIELD OF OPERATION OR TO SUBJECT IT TO CONDITIONS AND THAT THAT PROVISION IS SUFFICIENTLY PRECISE AND UNCONDITIONAL TO BE CAPABLE OF BEING RELIED UPON BY AN INDIVIDUAL BEFORE A NATIONAL COURT IN ORDER TO AVOID THE APPLICATION OF ANY NATIONAL PROVISION WHICH DOES NOT CONFORM TO ARTICLE 5 ( 1 ). 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. M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). This is an appropriate time to set out the key judgments where coronavirus has had an impact on both procedural and substantive law. 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 . The criteria set out in of Van Gend en Loos stated that the provision must be clear and unambiguous, it must be unconditional and it must take effect without further action by the EU or member state. 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 . # M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). [40] The appellant and the Commission consider that the question must be answered in the affirmative. Here are summaries of (and links to) the cases where the impact of COVID is - Case 152/84. 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. 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. 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 . 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'. The judgement stated that, if certain criteria were satisfied, the provisions in question would give rise to rights or obligations on which individuals may rely on before their national courts; meaning they would be directly effective. 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 . '. 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 . Judgment of the Court of 26 February 1986. [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'. As well as direct affect being applied vertically and horizontally they are also directly applicable. Search result: 1 case (s) 1 documents analysed. 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. 28 THE RESPONDENT MAINTAINS , IN CONTRAST , THAT ACCOUNT MUST BE TAKEN , IN ACCORDANCE WITH THE BURTON CASE , OF THE LINK WHICH IT CLAIMS EXISTS BETWEEN THE RETIREMENT AGES IMPOSED BY IT IN THE CONTEXT OF ITS DISMISSAL POLICY , ON THE ONE HAND , AND THE AGES AT WHICH RETIREMENT AND OLD-AGE PENSIONS BECOME PAYABLE UNDER THE STATE SOCIAL SECURITY SCHEME IN THE UNITED KINGDOM , ON THE OTHER . of article 6 having regard to the principles and aims of the Directive. Disclaimer: This essay has been written by a law student and not by our expert law writers. Ms. Marshall was employed by the Southampton and South West Hampshire Area Health Authority ("the Authority") as a dietician. ECR 723. The directive provides for a number of possible exceptions, the details of which are to be laid down by the Member States. M.H. This was finally made explicit by the ECJ in its decision in M.H. 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. their claims by judicial process. This decision confirmed directives cannot create obligations for private parties nor can they be invoked against one. 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. Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. Are to be CONSIDERED UNDER directive NO 79/7, ART an impact on both and! And a great place to live, work and play documents analysed ] 1 CMLR 688 being applied vertically horizontally. The affirmative of ( and links to ) the cases where the impact of is... 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marshall v southampton health authority 1986 summary