A and B work for a State-owned company that provides utility services in State X, a Member State of the European Union: European Union law Course Work, UOL, UK

A and B work for a State-owned company that provides utility services in State X, a Member State of the European Union. They have similar jobs but A is paid more on the basis that he is older and only someone who is of a certain age can do such a job. An EU Directive specifies that discrimination on the basis of age is prohibited in work settings.

The only exception to that rule is that the person’s salary increases with a person’s length of employment. Critically discuss whether, and to what extent, B can use the Directive in national courts to claim wages at the same level as those of A against the company. If not, B could argue that the company is an emanation of the State.