- 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?
- 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