Court of Justice of the European Communities (including Court of First Instance Decisions)
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M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). [1986] EUECJ R-152/84 (26 February 1986)
URL: http://www.bailii.org/eu/cases/EUECJ/1986/R15284.html Cite as:
[1986] 2 All ER 584,
[1986] ECR 723,
[1986] IRLR 140,
[1986] 2 WLR 780,
Case R-152/84,
[1986] ICR 335,
[1986] 1 CMLR 688,
[1986] EUECJ R-152/84,
[1986] QB 401
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JISCBAILII_CASES_CONSTITUTIONAL JISCBAILII_CASES_ENGLISH_LEGAL_SYSTEM JISCBAILII_CASES_NI_LEGAL_SYSTEM IMPORTANT LEGAL NOTICE - The source of this
judgment is the web site of the Court of
Justice of the European Communities. The information in this database has
been provided free of charge and is subject to a Court of Justice of the
European Communities disclaimer and
a copyright notice. This electronic version is not authentic and is subject
to amendment.
1 . SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO
EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - DIRECTIVE NO 76/207
- ARTICLE 5 ( 1 ) - DISMISSAL - CONCEPT ( COUNCIL DIRECTIVE NO 76/207
, ART . 5 ( 1 )).
2 . SOCIAL POLICY - MEN AND WOMEN WORKERS -
ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - EXCEPTIONS
WITH REGARD TO SOCIAL SECURITY MATTERS - EXCEPTION WITH REGARD TO
PENSIONABLE AGE - STRICT INTERPRETATION ( COUNCIL DIRECTIVE NO 76/207
, ART . 1 ( 2 ), AND COUNCIL DIRECTIVE NO 79/7 , ART . 7 ( 1)(A )) 3 .
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 . 5 ( 1 ))
4 . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - DIRECT EFFECT
- CONDITIONS ( EEC TREATY , ART . 189 ) 5 . MEASURES ADOPTED BY
THE INSTITUTIONS - DIRECTIVES - DIRECT EFFECT - LIMITS - NOT POSSIBLE TO
RELY UPON A DIRECTIVE AGAINST AN INDIVIDUAL ( EEC TREATY , ART . 189 )
6 . 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 ( COUNCIL DIRECTIVE NO 76/207 , ART . 5 ( 1 ))