Dispute concerned whether British Gas (privatised) was part of the ‘state’ and therefore susceptible to direct vertical effect of unimplemented directives, once the implementation deadline was passed. ECJ held that it was!
ECJ:the definition of state (‘emanation of state’) was taken to include private companies that have special public status e.g. privatised utility companies! This is an illogical attempt to compensate for the Marshall ruling-Craig. The state included ‘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 that which result from the normal rules applicable in relations between individuals.’