Judgment_paragraph 32 · Elaine Farrell v Alan Whitty and Others (C-413/15)

32Nonetheless, again in accordance with the Court’s settled case-law, where a person is able to rely on a directive not against an individual but against the State, he 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 EU law (judgments of 26 February 1986, Marshall, 152/84, EU:C:1986:84, paragraph 49; of 12 July 1990, Foster and Others, C‑188/89, EU:C:1990:313, paragraph 17, and of 14 September 2000, Collino and Chiappero, C‑343/98, EU:C:2000:441, paragraph 22).