22Moreover, where persons are able to rely on a directive as against the State they may do so regardless of the capacity in which the latter is acting, whether as employer or as public authority. In either case it is necessary to prevent the State from taking advantage of its own failure to comply with Community law (see, inter alia, Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority [1986] ECR 723, paragraph 49, and Case C-188/89 Foster and Others v British Gas [1990] ECR I-3313, paragraph 17).
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