The Industrial Cases Reports
[1986] ICR 335
[EUROPEAN COURT OF JUSTICE]
MARSHALL
v.
SOUTHAMPTON AND SOUTH WEST HAMPSHIRE AREA HEALTH AUTHORITY (TEACHING)
(Case 152/84)
1985 Sept. 18;
1986 Feb. 26
1986 Feb. 26
Lord Mackenzie Stuart (President), U. Everling, K. Bahlmann (presidents of chambers), Judges G. Bosco, T. Koopmans, O. Due and T. F. O'Higgins Advocate General Sir Gordon Slynn
Discrimination, Sex
— Employment
— Retirement
— Health authority employees retired on reaching pension age
— Different age for men and women
— Age of retirement linked to qualifying age for state pension
— Whether “dismissal”
— Whether unlawful discrimination
—
Council Directive (76/207/E.E.C.), art. 5(1)
[1]
European Economic Community
— Council directive
— Implementation
— Enforcement against member state
— Public authority's discrimination against female employee
— National legislation not conforming to directive
—
Sex Discrimination Act 1975 (c. 65), s. 6(4)
—
Council Directive (76/207/E.E.C.), art. 5(1)