In its judgment of 26 February 1986, in Case 152/84, Marshall/Southampton and South-West Hampshire Area Health Authority, the Court of Justice points out that, where a person involved in legal proceedings is able to rely on a directive in an action against the State, he may do so regardless of the capacity in which the latter is acting, whether employer or public authority. In either case, it is necessary to prevent the State from taking advantage of its own failure to comply with Community law.