M. Helen Marshall v Southampton and South-West Hampshire Area Health Authority.

JurisdictionEuropean Union
CourtCourt of Justice (European Union)
Writing for the CourtMancini
ECLIECLI:EU:C:1993:335
Docket NumberC-271/91
Date02 August 1993
Celex Number61991CJ0271
Procedure TypeReference for a preliminary ruling
EUR-Lex - 61991J0271 - EN

Judgment of the Court of 2 August 1993. - M. Helen Marshall v Southampton and South-West Hampshire Area Health Authority. - Reference for a preliminary ruling: House of Lords - United Kingdom. - Directive 76/207/EEC - Equal treatment for men and women - Right to compensation in the event of discrimination. - Case C-271/91.

European Court reports 1993 Page I-04367
Swedish special edition Page I-00315
Finnish special edition Page I-00349


Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

++++

1. Social policy ° Men and women workers ° Access to employment and working conditions ° Equal treatment ° Directive 76/207 ° Discriminatory dismissal ° Choice of sanctions left to the Member States ° Award of compensation ° Need for adequate compensation ° Ceiling fixed and payment of any interest excluded ° Not permissible

(Council Directive 76/207, Arts 5(1) and 6)

2. Social policy ° Men and women workers ° Access to employment and working conditions ° Equal treatment ° Directive 76/207 ° Article 6 ° Effect on relationships between the State and individuals ° State as employer

(Council Directive 76/207, Art. 6)

Summary

1. Although Directive 76/207, the purpose of which is to put into effect in the Member States the principle of equal treatment for men and women as regards the various aspects of employment, in particular working conditions, including the conditions governing dismissal, leaves Member States, when providing a remedy for breach of the prohibition against discrimination, free to choose between the different solutions suitable for achieving the objective of the directive, it nevertheless entails that if financial compensation is to be awarded where there has been discriminatory dismissal in breach of Article 5(1), such compensation must be adequate, in that it must enable the loss and damage actually sustained as a result of the discriminatory dismissal to be made good in full in accordance with the applicable national rules.

Accordingly, the interpretation of Article 6 of Directive 76/207 must be that reparation of the loss and damage sustained by a person injured as a result of discriminatory dismissal may not be limited to an upper limit fixed a priori or by excluding an award of interest to compensate for the loss sustained by the recipient of the compensation as a result of the effluxion of time until the capital sum awarded is actually paid.

2. A person who has been injured as a result of discriminatory dismissal may rely on the provisions of Article 6 of Directive 76/207 as against an authority of the State acting in its capacity as an employer in order to set aside a national provision which imposes limits on the amount of compensation recoverable by way of reparation.

The right of a State to choose among several possible means of achieving the objectives of a directive does not exclude the possibility for individuals of enforcing before national courts rights whose content can be determined sufficiently precisely on the basis of the provisions of the directive alone.

Parties

In Case C-271/91,

REFERENCE to the Court under Article 177 of the EEC Treaty by the House of Lords for a preliminary ruling in the proceedings pending before that court between

M.H. Marshall

and

Southampton and South West Hampshire Area Health Authority,

on the interpretation of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40),

THE COURT,

composed of: O. Due, President, C.N. Kakouris, G.C. Rodríguez Iglesias, M. Zuleeg, J.L. Murray (Presidents of Chambers), G.F. Mancini, F.A. Schockweiler, F. Grévisse, M. Diez de Velasco, P.J.G. Kapteyn and D.A.O. Edward, Judges,

Advocate General: W. Van Gerven,

Registrar: H. von Holstein, Deputy Registrar,

after considering the written observations submitted on behalf of:

° Miss M.H. Marshall, by Michael J. Beloff QC, and Stephen Grosz (Bindman & Partners), Solicitor,

° Southampton and South West Hampshire Area Health Authority, by Robert Webb QC, Andrew Lydiard, Barrister-at-law, and Le Brasseurs, Solicitors,

° the United Kingdom, by John Collins, Assistant Treasury Solicitor, assisted by Derrick Wyatt QC, acting as Agents,

° the German Government, by Ernst Roeder, Ministerialrat in the Federal Ministry for Economic Affairs, and Claus-Dieter Quassowski, Oberregierungsrat in the same Ministry, acting as Agents,

° the Commission of the European Communities, by Nicholas Kahn, a member of its Legal Service, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Miss M.H. Marshall, Southampton and South West Hampshire Area Health Authority, the United Kingdom, Ireland, represented by Feichin McDonagh, Barrister-at-law, acting as Agent, and the Commission at the hearing on 8 December 1992,

after hearing the Opinion of the Advocate General at the sitting on 26 January 1993,

gives the following

Judgment

Grounds

1 By order of 14 October 1991, received at the Court on 17 October 1991, the House of Lords referred to the Court for a preliminary ruling under Article 177 of the EEC Treaty three questions on the interpretation of Article 6 of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40, hereinafter "the Directive").

2 Those questions were raised in connection with a dispute between Miss Marshall and her former employer, Southampton and South West Hampshire Area Health Authority (hereinafter "the Authority"), concerning a claim for compensation for damage sustained by Miss Marshall as a result of her dismissal by the Authority.

3 The claim is based on the illegality of that dismissal which is not contested in the main proceedings, the Court having held, in the judgment of 26 February 1986 in Case 152/84 Marshall v Southampton and South West Area Health Authority [1986] ECR 723, in reply to questions submitted for a preliminary ruling by the Court of Appeal, that Article 5(1) of the Directive is to be interpreted as meaning that a general policy of termination of employment whereby a woman' s employment is terminated solely because she has attained or passed the qualifying age for a State pension, that age being different under national legislation for men and for women, constitutes discrimination on grounds of sex contrary to the Directive.

4 The dispute in the main proceedings arises because the Industrial Tribunal, to which the Court of Appeal remitted the case to consider the question of compensation, assessed Miss Marshall' s financial loss at 18 405, including 7 710 by way of interest, and awarded her compensation of 19 405, including a sum of 1 000 compensation for injury to feelings.

5 It appears from the case-file that, according to section 65(1)(b) of the Sex Discrimination Act 1975 ("the SDA"), where an Industrial Tribunal finds that a complaint of unlawful sex discrimination in relation to employment is well founded, it shall, if it considers it just and equitable to do so, make an order requiring the respondent to pay to the complainant compensation of an amount corresponding to any damages he could have been ordered by a County Court to pay to the complainant. Under section 65(2) of the SDA, however, the amount of...

To continue reading

Request your trial
36 practice notes
  • Paolo Vergani v Agenzia delle Entrate, Ufficio di Arona.
    • European Union
    • Court of Justice (European Union)
    • 12 May 2005
    ...de Derecho del trabajo al profesor Manuel Alonso Olea, Ministerio de Trabajo y Seguridad Social, Madrid, 1990, pp. 406 et seq. 44 – Case C-271/91 Marshall II [1993] ECR I-4367, paragraph 19. 45 – Case 19/81 Burton [1982] ECR 554; and Case 151/84 Roberts [1986] ECR 703. 46 – Case 152/84 Mars......
  • European Commission v Kingdom of Spain.
    • European Union
    • Court of Justice (European Union)
    • 28 June 2022
    ...se del caso, di compensare integralmente i pregiudizi effettivamente subiti (v., in tal senso, sentenze del 2 agosto 1993, Marshall, C‑271/91, EU:C:1993:335, punto 26, e del 15 aprile 2021, Braathens Regional Aviation, C‑30/19, EU:C:2021:269, punto 165 Orbene, nel caso di specie, è sufficie......
  • Brasserie du Pecheur SA v Federal Republic of Germany; R v Secretary of State for Transport, ex parte Factortame Ltd (No 4) (Joined Cases C-46/93 and C-48/93)
    • European Union
    • European Court of Justice
    • 5 March 1996
    ...not been committed” (CPGI, Series A, p. 47). 116—Judgment in Von Colson and Kamann, cited in footnote 36, paragraph 23. 117—Judgment in Case C-271/91 Marshall v Southampton and South West Hampshire Area Health Authority (Marshall II) [1993] ECR I-4367, paragraph [42 4 Ann Dig 495.] 118—Judg......
  • The Queen contra Ministry of Agriculture, Fisheries and Food, ex parte: Hedley Lomas (Ireland) Ltd.
    • European Union
    • Court of Justice (European Union)
    • 20 June 1995
    ...Cited above in footnote 41. (64) - Paragraph 22 of the judgment in Dekker, cited above in footnote 62. (65) - Ibid., paragraph 25. (66) - Case C-271/91 Marshall [1993] ECR I-4367. (67) - Ibid., paragraph 24. (68) - Judgment in Case 39/72 Commission v Italy [1973] ECR 101, point 11, emphasis......
  • Request a trial to view additional results
30 cases
  • Paolo Vergani v Agenzia delle Entrate, Ufficio di Arona.
    • European Union
    • Court of Justice (European Union)
    • 12 May 2005
    ...de Derecho del trabajo al profesor Manuel Alonso Olea, Ministerio de Trabajo y Seguridad Social, Madrid, 1990, pp. 406 et seq. 44 – Case C-271/91 Marshall II [1993] ECR I-4367, paragraph 19. 45 – Case 19/81 Burton [1982] ECR 554; and Case 151/84 Roberts [1986] ECR 703. 46 – Case 152/84 Mars......
  • European Commission v Kingdom of Spain.
    • European Union
    • Court of Justice (European Union)
    • 28 June 2022
    ...se del caso, di compensare integralmente i pregiudizi effettivamente subiti (v., in tal senso, sentenze del 2 agosto 1993, Marshall, C‑271/91, EU:C:1993:335, punto 26, e del 15 aprile 2021, Braathens Regional Aviation, C‑30/19, EU:C:2021:269, punto 165 Orbene, nel caso di specie, è sufficie......
  • Brasserie du Pecheur SA v Federal Republic of Germany; R v Secretary of State for Transport, ex parte Factortame Ltd (No 4) (Joined Cases C-46/93 and C-48/93)
    • European Union
    • European Court of Justice
    • 5 March 1996
    ...not been committed” (CPGI, Series A, p. 47). 116—Judgment in Von Colson and Kamann, cited in footnote 36, paragraph 23. 117—Judgment in Case C-271/91 Marshall v Southampton and South West Hampshire Area Health Authority (Marshall II) [1993] ECR I-4367, paragraph [42 4 Ann Dig 495.] 118—Judg......
  • The Queen contra Ministry of Agriculture, Fisheries and Food, ex parte: Hedley Lomas (Ireland) Ltd.
    • European Union
    • Court of Justice (European Union)
    • 20 June 1995
    ...Cited above in footnote 41. (64) - Paragraph 22 of the judgment in Dekker, cited above in footnote 62. (65) - Ibid., paragraph 25. (66) - Case C-271/91 Marshall [1993] ECR I-4367. (67) - Ibid., paragraph 24. (68) - Judgment in Case 39/72 Commission v Italy [1973] ECR 101, point 11, emphasis......
  • Request a trial to view additional results
4 books & journal articles
  • The Horizontal Effect of the Charter of Fundamental Rights of the EU: Rediscovering the Reasons for Horizontality
    • European Union
    • European Law Journal Nbr. 21-5, September 2015
    • 1 September 2015
    ...or as applying to a state, rather than to a private party, through an40 Alexy, n 35 supra, 485.41 Ibid.42 Defrenne II,n7supra, para 39.43 Case C-271/91, Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching)[1986] ECR 723, para 48.44 P. Craig, ‘The Legal Effect of......
  • Au nom de qui? The European Court of Justice between Member States, Civil Society and Union Citizens
    • European Union
    • European Law Journal Nbr. 13-3, May 2007
    • 1 May 2007
    ...197/84, Steinhauser v Stadt Biarritz [1985] ECR 1819, para. 14.107See Advocate General van Gerven, Opinion of 26 January 1993, in Case C-271/91, Marshall v Southamp-ton and South West Hampshire Area Health Authority [1993] ECR I-4367, at 4381, para. 12.May 2007 Au nom de qui?© 2007 The Auth......
  • A European Constitution for Citizens: Reflections on the Rethinking of Union and Community Law
    • European Union
    • European Law Journal Nbr. 3-2, June 1997
    • 1 June 1997
    ...Community Law (Clarendon, 1995); G. Winter (ed), Sources and Categories of European UnionLaw, (Nomos, 1995) at 487–506 with references.49Case C-271/91, Marshall v South-West Hampshire Area Health Auth. II, [1993] ECR I-4367 at 4387.50Case C-316/93, Vaneetveldv Fo yer, [1994] ECR I-763 at 77......
  • Compliance and enforcement aspects (horizontal provisions of all directives)
    • European Union
    • Country report, gender equality. How are EU rules transposed into national law?: Belgium 2020
    • 13 August 2020
    ...relations are such penal offences. 11.6.2 Effectiveness, proportionality and dissuasiveness Curiously, although the CJEU had to state (in Case C-271/91 Marshall II ) that no ceiling could validly be imposed on compensation for the actual prejudice, until 2007 victims of discrimination in Be......
2 provisions

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT