Keywords
Summary

Keywords

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1 . Measures adopted by the institutions - Directives - Direct effect - Whether possible to rely on a directive against a body which is subject to the authority or control of the State or has special public prerogatives

( EEC Treaty, Art . 189, third paragraph )

2 . Social policy - Men and women workers - Access to employment and working conditions - Equal treatment - Directive 76/207 - Article 5(1 ) - Direct effect

( Council Directive 76/207, Art . 5(1 ) )

Summary

1 . Unconditional and sufficiently precise provisions of a directive may be relied upon against organizations or bodies which are subject to the authority or control of the State or have special powers beyond those which result from the normal rules applicable in relations between individuals . They may in any event be relied upon 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 in relations between individuals .

2 . Article 5(1 ) of Directive 76/207 on equal treatment for men and women as regards access to employment and working conditions is a provision which is unconditional and sufficiently precise to be relied on by an individual and to be applied by the national courts .