Foster v British Gas plc

A directive can be relied on against a body that provides a public service under the control of the state and has special powers, even if it is not part of the state itself.

Citation
Case C-188/89, [1990] ECR I-3313
Court
Court of Justice of the European Union
Year
1990
Subject
EU Law
Topic
Direct effect of directives

Facts

Mrs Foster and other women were employed by the British Gas Corporation, which was then a nationalised industry. They were required to retire at 60, while men retired at 65. They claimed that this breached the Equal Treatment Directive. The question was whether British Gas was an emanation of the state, against which the directive could be enforced.

Legal principle

The Court of Justice held that a directive can be relied on against a body, whatever its legal form, which has been made responsible, pursuant to a measure adopted by the state, for providing a public service under the control of the state and has for that purpose special powers beyond those which result from the normal rules applicable to relations between individuals. The House of Lords then held that British Gas was such a body. The test was later considered in Farrell v Whitty, which held that the criteria need not all be satisfied together.

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