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Ms Marshall was dismissed from her post at Southampton Area Health Authority on the basis that she was over 60 years of age. This, she contended, was in breach of EC Directive 76/207 (see EUNonDiscriminationLaw) issued in furtherance of the EC's general policy on non-discrimination, as men did not have to retire until 65. She contended that the Directive in question created rights that could be enforced between individuals, that is, it had Horizontal direct effect. The ECJ, however, held that Directives, in general, did not have horizontal direct effect. Ms Marshall did succeed in her action, however, as the ECJ held that the Health Authority was an organ of the state, and the Directive in question could have vertical direct effect.