- Mrs Foster claimed that her forcible retirement at the age of 60 contravened the Equal treatment directive [2006/54/EC], as her male counterparts could work for an additional 5 years
- In order to assert this claim, as directives only have vertical effect, Mrs Foster would have to prove that British Gas was an organ of the state
- Was British gas an organ of the state (the UK)?
- The organisation was publicly run and was responsible for a public service
- Organs of the state may:
- Have powers greater than those afforded to individuals
- Be subject to the authority or control of the state
- This result would still be same today, now British Gas has been privatised, as confirmed in Kampelmann