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Case 152/84 Marshall v Southampton Health Authority (Marshall I) [1986]


  • Ms Marshall had passed the retirement age for women and was required to retire
  • Her dismissal ran contrary to the Equal Treatment Directive, which was not implemented by the UK


  • Was her dismissal wrongful?


  • Yes


  • A directive cannot have horizontal direct effect – this would prejudice individuals for the fault of the state
  • Directive are only buy alprazolam from canada addressed to Member States
  • As the Southampton Health Authority was part of the state, a claim would be available
  • If the employer was not part of the state, a claim could be made against the state for its wrongfulness in not implementing the Equal Treatment Directive
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