Emanation of the state is a term used in European law to describe any body which provides a public service under the control of government.
The term was defined by the European Court of Justice (ECJ) in 1990, in the case of Foster, A and others v. British Gas plc.
[1][2] The ECJ's ruling defines the term as: 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.The term is most obviously used to describe public sector employers, such as the police, fire service, local government bodies or schools.
The issue to be decided was whether employees of a nationalised industry (in this case British Gas plc) could rely upon the Equal Treatment Directive when making claims in the English courts.
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