This was finally made explicit by the ECJ in its decision in M.H. Innenstadt 1982[ ECR]53,atp.71and26 February1986 Casein 15284 / Marshall v Southampton and South-West Hampshire Area Health Authority 1986 ECR723, [ ] atp. GROUP TUTORING. Van Duyn v The Home Office (case 41/74) [1974] ECR 1337. It was later explained that vertical direct effect may also affect bodies that could be described as an emanation of the state. Southampton and South-West Hamp.shire Area Health Authority (Teaching) [1986] 2 W.L.R. Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) (152/84), 26 February 1986: [1986] E.C.R. EU Law Assignment by Mark Ryder (1571728) The case of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (Marshall (No.1)) [1986] 1 C.M.L.R. 29 THE RESPONDENT CONSIDERS THAT THE PROVISION OF A STATE PENSION CONSTITUTES AN ASPECT OF SOCIAL SECURITY AND THEREFORE FALLS WITHIN THE SCOPE NOT OF DIRECTIVE NO 76/207 BUT OF DIRECTIVE NO 79/7 , WHICH RESERVES TO THE MEMBER STATES THE RIGHT TO IMPOSE DIFFERENT AGES FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO STATE PENSIONS . HOWEVER , THE CLAIM THAT THE PRINCIPLE OF EQUALITY OF TREATMENT LAID DOWN BY DIRECTIVE NO 76/207 HAD BEEN INFRINGED WAS UPHELD BY THE INDUSTRIAL TRIBUNAL . Case 152/84, Marshall (Marshall v Southampton and South-West Hampshire Area Health Authority) ECLI:EU:C:1986:84 (no horizontal direct effect of directives) 1 .THE TERM ' DISMISSAL ' CONTAINED IN ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE GIVEN A WIDE MEANING ; AN AGE LIMIT FOR THE COMPULSORY DISMISSAL OF WORKERS PURSUANT TO AN EMPLOYER ' S GENERAL POLICY CONCERNING RETIREMENT FALLS WITHIN . Governmental Structure: Union Institutions I Every opinion and decision handed down by the Courts - Trial Courts, Appellate Courts and Supreme Courts, spanning Civil, Criminal, Family, Tax or Bankruptcy litigations are published here daily. It would not therefore be proper to put persons employed by the State in a better position than those who are employed by a private employer. IT FOLLOWS THAT A DIRECTIVE MAY NOT OF ITSELF IMPOSE OBLIGATIONS ON AN INDIVIDUAL AND THAT A PROVISION OF A DIRECTIVE MAY NOT BE RELIED UPON AS SUCH AGAINST SUCH A PERSON . Because directives in Here are summaries of (and links to) the cases where the impact of COVID is - Case 152/84. 12 152/84 Marshall v. Southampton and South-W est Hampshire Ar ea Health Authority, ECLI:EU:C:1986:84, para. IT WOULD IN FACT BE INCOMPATIBLE WITH THE BINDING NATURE WHICH ARTICLE 189 CONFERS ON THE DIRECTIVE TO HOLD AS A MATTER OF PRINCIPLE THAT THE OBLIGATION IMPOSED THEREBY CANNOT BE RELIED ON BY THOSE CONCERNED . Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84 [1986] ECR 723. [15] BENNETT/HOGAN/SEAGO, p. 160. make a direct claim against her employer, Ms Foster needed to show that IN THOSE CIRCUMSTANCES , IT WOULD BE DIFFICULT TO JUSTIFY THE DISMISSAL OF A WOMAN FOR REASONS BASED ON HER SEX AND AGE . From that the Court deduced that a Member State which has not adopted the implementing measures required by the directive within the prescribed period may not plead, as against individuals, its own failure to perform the obligations which the directive entails. This, she Caesars Sportsbook Promo Code Takes Out First-Bet . Where financial compensation was the measure adopted to restore a situation 12 THE APPELLANT APPEALED AGAINST THAT DECISION TO THE COURT OF APPEAL . relied on by persons before national courts. HOWEVER , THEY MAINTAIN THAT A DIRECTIVE CAN NEVER IMPOSE OBLIGATIONS DIRECTLY ON INDIVIDUALS AND THAT IT CAN ONLY HAVE DIRECT EFFECT AGAINST A MEMBER STATE QUA PUBLIC AUTHORITY AND NOT AGAINST A MEMBER STATE QUA EMPLOYER . 2 . The HL referred to the ECJ the questions of whether (1) a victim of sex discrimination was entitled to full compensation including interest and (2) whether the victim of sex discrimination was entitled to challenge the applicability of UK law, which limited compensation and therefore was against the directive. general, did not have horizontal direct effect. Parties ( 2)IF THE ANSWER TO ( 1 ) ABOVE IS IN THE AFFIRMATIVE , WHETHER OR NOT THE EQUAL TREATMENT DIRECTIVE CAN BE RELIED UPON BY THE APPELLANT IN THE CIRCUMSTANCES OF THE PRESENT CASE IN NATIONAL COURTS OR TRIBUNALS NOTWITHSTANDING THE INCONSISTENCY ( IF ANY ) BETWEEN THE DIRECTIVE AND SECTION 6 ( 4 ) OF THE SEX DISCRIMINATION ACT . A number of cases have considered and applied the Foster (1990) criteria. [Case closed] Main proceedings. Free resources to assist you with your legal studies! The wide scope of public Authorities was left to the national courts of Member states. effect) of Union law would be diminished if individuals were not able to obtain Marshall v Southampton and South West Area Health Authority [1986] Definition INTRODUCED THE IDEA OF DIRECTIVES BEING DIRECTLY EFFECTIVE AGAINST ORGANS / EMANATIONS OF THE STATE REGARDLESS OF WHAT CAPACITY IT WAS ACTING IN C brought action against D on basis of D's policy which forced women into retirement earlier than men Find his/her court cases that concern minor and major violations of various traffic laws, such as Driving Under Influence, Speeding, Aggressive Driving, Hit & Run, and many more. FROM 23 MAY 1974 SHE WORKED UNDER A CONTRACT OF EMPLOYMENT AS SENIOR DIETICIAN . 22 THE APPELLANT AND THE COMMISSION CONSIDER THAT THE FIRST QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE . Thus it fell to enquire whether the NHS should be deemed an "independent legal person" or an "arm of the state"; and that was a matter for the national court. 23 ACCORDING TO THE APPELLANT , THE SAID AGE LIMIT FALLS WITHIN THE TERM ' WORKING CONDITIONS ' WITHIN THE MEANING OF ARTICLES 1 ( 1 ) AND 5 ( 1 ) OF DIRECTIVE NO 76/207 . IN THAT RESPECT THE CAPACITY IN WHICH THE STATE ACTS , WHETHER AS EMPLOYER OR PUBLIC AUTHORITY , IS IRRELEVANT . The ECJ decided in 1986 that the termination of Miss M H Marshall's The House of Lords held that it was not bound to apply the directive despite the case of Duke involving the identical point to that in Marshall, however the employer was not the state, but a private company. ON 5 MAY 1983 THE COMMISSION SUBMITTED TO THE COUNCIL A PROPOSAL FOR A DIRECTIVE ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN OCCUPATIONAL SOCIAL SECURITY SCHEMES ( OFFICIAL JOURNAL 1983 , C 134 , P . restoring real equality of treatment. Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. In either case it is necessary to prevent the State from taking advantage of its own failure to comply with Union law. sustained and whether article 6 enabled such a person to contest the disparities in retirement age.2 The case of Marshall v. Southampton and South West Hampshire Area Health Authority3 has attracted, in this country, more publicity than the other two cases, not least . Directive but set limits to the compensation recoverable. If you have any other questions, comments or concerns, please contact our Call Center at 631-451-TOWN (8696). employer in order to set aside a national provision, which imposed limits on In conclusion it could be said that the decision of Marshall v Southampton AHA was set out as a precedent to ensure no private bodies are held liable for a states failure to implement a directive and directives are only vertically directly effective with the exception of fulfilling one of the requirements set out by the case of Foster as being an emanation of the state. Moreover, it is a case concerning the Doctrine of Direct Effect. [Case closed] Main proceedings. Marshall v Southampton and South West Area Health Authority No. [50] It is for the national court to apply those considerations to the circumstances of each case; the Court of Appeal has, however, stated in the order for reference that the respondent, Southampton and South West Hampshire Area Health Authority (Teaching), is a public authority. Authority on the basis that she was over 60 years of age. 4 ON 31 MARCH 1980 , THAT IS TO SAY APPROXIMATELY FOUR WEEKS AFTER SHE HAD ATTAINED THE AGE OF 62 , THE APPELLANT WAS DISMISSED , NOTWITHSTANDING THAT SHE HAD EXPRESSED HER WILLINGNESS TO CONTINUE IN THE EMPLOYMENT UNTIL SHE REACHED THE AGE OF 65 , THAT IS TO SAY UNTIL 4 FEBRUARY 1983 . U.K., Dowson v Chief Constable of Northumbria, [2010] EWHC 2612 (QB) U.K., Marshall v Southampton Area Health Authority, [1986] 1 QB 401 U.K., Webb v EMO Cargo Limited, [1993] 1 WLR 49 NRA 5961 Evelyn Baring, 1st Earl of Cromer: corresp and papers link to online catalogue. As well as direct affect being applied vertically and horizontally they are also directly applicable. European Court reports 1986 Page 00723 Swedish special edition Page 00457 Finnish special edition Page 00477, Summary THE COUNCIL HAS NOT YET RESPONDED TO THAT PROPOSAL . They admit that a directive may, in certain specific circumstances, have direct effect as against a Member State in so far as the latter may not rely on its failure to perform its obligations under the directive. [13] Marshall v Southampton and South Wales Hampshire Area Health Authority [1993] 4 All ER 586, CJEC. In Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] ECR 723, the Court of Justice created an artificial and arbitrary barrier to the horizontal enforcement of directives. 1/1. Ms. Marshall was employed by the Southampton and South West Hampshire Area Health Authority ("the Authority") as a dietician. Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Marshall was dismissed after 14 years on 31 March 1980, approximately four weeks after attaining the age of 62, despite her expressing a willingness to continue in employment until the age of 65 (4 February 1983). Tappi Training Courses, M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). Helen Marshall, a senior dietitian, claimed that her dismissal on grounds of being old violated the Equal Treatment Directive 1976. THE DIRECTIVE APPLIES , ACCORDING TO ARTICLE 3 ( 1 ) THEREOF , TO : ' ( A ) STATUTORY SCHEMES WHICH PROVIDE PROTECTION AGAINST THE FOLLOWING RISKS : ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES , ( B)SOCIAL ASSISTANCE , IN SO FAR AS IT IS INTENDED TO SUPPLEMENT OR REPLACE THE SCHEMES REFERRED TO IN ( A ). European Court reports 1986 Page 00723 Swedish special edition Page 00457 In many respects the consumer is supposed to be the ultimate beneficiary of the process of market integration in Europe, but the EC Treaty has never included an elaborate recognition of how the EU serves the consumer interest. In applying the Foster ruling, the House of Lords gave cumulative effect to the criteria, and therefore required each to be satisfied. Facts []. Automatically reference everything correctly with CiteThisForMe. Judgment of the Court of 26 February 1986. Judgment of the Court of 26 February 1986. [39] [I]t is necessary to consider whether Article 5(1) of Directive No. There was an implied obligation under the former Art 4(3) CONSEQUENTLY , A MEMBER STATE WHICH HAS NOT ADOPTED THE IMPLEMENTING MEASURES REQUIRED BY THE DIRECTIVE WITHIN THE PRESCRIBED PERIOD MAY NOT PLEAD , AS AGAINST INDIVIDUALS , ITS OWN FAILURE TO PERFORM THE OBLIGATIONS WHICH THE DIRECTIVE ENTAILS . Horizontal direct effect concerns the relationship between individuals (including companies). *You can also browse our support articles here >. 44 WITH REGARD TO THE LEGAL POSITION OF THE RESPONDENT ' S EMPLOYEES THE UNITED KINGDOM STATES THAT THEY ARE IN THE SAME POSITION AS THE EMPLOYEES OF A PRIVATE EMPLOYER . On appeal, the House of Lords sought clarification from the ECJ, who replied with A Directive may be invoked against a body, whatever its legal form, which has been made responsiblefor providing a public service under the state and has for that purpose special powers beyond those which result in from the normal rules applicable in relations between individuals. On this interpretation a nationalised undertaking such as British Gas would be a public body against which a directive may be enforced, as the House of Lords decided. Paper catalogues available to view at The National Archives - (27) NRA 34890 John Ashby, attorney and estate agent, Shrewsbury: corresp and papers link to online catalogue. 11 ON APPEAL TO THE EMPLOYMENT APPEAL TRIBUNAL THAT DECISION WAS CONFIRMED AS REGARDS THE FIRST POINT BUT WAS SET ASIDE AS REGARDS THE SECOND POINT ON THE GROUND THAT , ALTHOUGH THE DISMISSAL VIOLATED THE PRINCIPLE OF EQUALITY OF TREATMENT LAID DOWN IN THE AFOREMENTIONED DIRECTIVE , AN INDIVIDUAL COULD NOT RELY UPON SUCH VIOLATION IN PROCEEDINGS BEFORE A UNITED KINGDOM COURT OR TRIBUNAL . In Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] ECR 723, the Court of Justice created an artificial and arbitrary barrier to the horizontal enforcement of directives. The ideology of horizontal direct effect of the provisions within directives was rejected by the Court of Justice in the case of Marshall v Southampton and South West Hampshire Area Health Authority [12] as the court believed that under Article 288 of The Treaty of Functioning of the European Union [13] the binding characteristics of directives REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COURT OF APPEAL OF ENGLAND AND WALES FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN, SOUTHAMPTON AND SOUTH-WEST HAMPSHIRE AREA HEALTH AUTHORITY ( TEACHING ). 21 BY THE FIRST QUESTION THE COURT OF APPEAL SEEKS TO ASCERTAIN WHETHER OR NOT ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT A GENERAL POLICY CONCERNING DISMISSAL , FOLLOWED BY A STATE AUTHORITY , INVOLVING THE DISMISSAL OF A WOMAN SOLELY BECAUSE SHE HAS ATTAINED OR PASSED THE QUALIFYING AGE FOR A STATE PENSION , WHICH AGE IS DIFFERENT UNDER NATIONAL LEGISLATION FOR MEN AND FOR WOMEN , CONSTITUTES DISCRIMINATION ON GROUNDS OF SEX , CONTRARY TO THAT DIRECTIVE . Case 152/84. You should not treat any information in this essay as being authoritative. THE QUESTION THEREFORE RELATES TO THE CONDITIONS GOVERNING DISMISSAL AND FALLS TO BE CONSIDERED UNDER DIRECTIVE NO 76/207 . This statement is said to contradict with the nature of directives as they are not seen to be directly applicable, this means that their provisions must be incorporated into national law. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). As to how strictly they were to be applied was unclear. (then 76/207/EEC, and now recast in 2006/54/EC). Don't forget to give your feedback! Published: 3rd Jul 2019. Discrimination Act 1975, which limited an award to pounds 6,250. - the claimant had been employed by the Southampton Health Authority and when she reached the age of 62 she was dismissed due to the fact that she had reached the authority's retirement age for . Helen Marshall, a senior dietitian, claimed that her dismissal on grounds of being old violated the Equal Treatment Directive 1976.She was an employee of an Area Health Authority (or "AHA"), a body established by the UK government under the National Health Service Act 1977, as amended by the Health Services Act 1980.. Marshall was dismissed after 14 years on 31 March 1980 . This is an appropriate time to set out the key judgments where coronavirus has had an impact on both procedural and substantive law. Ms Marshall did succeed in her (a secretary of state), which could also issue to the board various directions. The objective was to arrive at real equality of opportunity and could not be [14] INGMAN, p. 227. The English Court of Appeal held that British Gas was not a public body against which the directive could be enforced. Equality of treatment for men and women - Conditions governing dismissal. in particular and including the conditions governing dismissal. Ms. Marshall was employed by the Southampton and South West Hampshire Area Health Authority ("the Authority") as a dietician. 6 IN THAT RESPECT IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT THE RESPONDENT HAS FOLLOWED A GENERAL POLICY SINCE 1975 THAT ' THE NORMAL RETIREMENT AGE WILL BE THE AGE AT WHICH SOCIAL SECURITY PENSIONS BECOME PAYABLE ' . of opportunity through adequate reparation for the loss and damage sustained Those measures must guarantee real and ", https://en.wikipedia.org/w/index.php?title=Marshall_v_Southampton_Health_Authority&oldid=1117798481. and in breach of article 6 of Council Directive 76/207/EEC on the Marshall v Southampton and South West Hampshire Area Health Authority (1986) Case 152/84 [3] is an EU law case, concerning the conflict of law between a national legal system and European Union law. By contrast, directives are not directly applicable since they require implementation into national law. 52 FINALLY , WITH REGARD TO THE QUESTION WHETHER THE PROVISION CONTAINED IN ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 , WHICH IMPLEMENTS THE PRINCIPLE OF EQUALITY OF TREATMENT SET OUT IN ARTICLE 2 ( 1 ) OF THE DIRECTIVE , MAY BE CONSIDERED , AS FAR AS ITS CONTENTS ARE CONCERNED , TO BE UNCONDITIONAL AND SUFFICIENTLY PRECISE TO BE RELIED UPON BY AN INDIVIDUAL AS AGAINST THE STATE , IT MUST BE STATED THAT THE PROVISION , TAKEN BY ITSELF , PROHIBITS ANY DISCRIMINATION ON GROUNDS OF SEX WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , IN A GENERAL MANNER AND IN UNEQUIVOCAL TERMS . was binding upon Member States and citizens. 1986), and she and four other women claimed this was unlawful Article 6 put principle only bind the member state, to which they are addressed, in order to effective judicial protection and have a real deterrent effect on the employer. IN ACCORDANCE WITH THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS , THOSE FUNDAMENTAL PRINCIPLES MUST BE GIVEN A WIDE INTERPRETATION AND , CONVERSELY , ANY EXCEPTION THERETO , SUCH AS THE RESERVATION PROVIDED FOR IN ARTICLE 1 ( 2 ) OF DIRECTIVE NO 76/207 WITH REGARD TO SOCIAL SECURITY , MUST BE INTERPRETED STRICTLY . 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 . In the UK the retirement age for men was 65 years old, yet for women it was 60 years old. . The Tribunal had awarded, in compliance with an EC directive, a payment including interest. M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). 36. The fact that directives are set out to Member States as a form of instructions and the method of implementation is left to the discretion of member states it would be unfair to hold a private body liable under direct effect of directives and therefore the Horizontal and arbitrary barrier set out in the case of Marshall v Southampton was purely to fill in the gaps of direct effect of directives and ensure citizens that worked for bodies that could be counted as emanations of the state are held liable, as well as setting out a rule which confirms that private employers cannot be held liable for a states failure to implement a directive. Indirect effect was later brought to fill in the gaps of direct effect of directives where it left people that are employed by private companies at a disadvantage as the direct effect of directives was only vertically applicable, and for cases where the Van Gend en Looos criteria wasnt satisfied. Von Colson and Kamann v Land Nordrhein-Westfalen (case 14/83) [1984] ECR 1891 On the Application of Wunsche Handelsgesellschaft (Solange II) [1987] 3 CMLR 225; before the German Federal Constitutional Court Google Scholar Case 262/84, Vera Mia Beets-Proper v. F. van Lanschot Bankiers N.V., [1986] ECR 773. Where there is any inconsistency between national law and Community law which cannot be removed by means of such a construction, the appellant submits that a national court is obliged to declare that the provision of national law which is inconsistent with the directive is inapplicable. IT FOLLOWS THAT A DIRECTIVE MAY NOT OF ITSELF IMPOSE OBLIGATIONS ON AN INDIVIDUAL AND THAT A PROVISION OF A DIRECTIVE MAY NOT BE RELIED UPON AS SUCH AGAINST SUCH A PERSON . 39 SINCE THE FIRST QUESTION HAS BEEN ANSWERED IN THE AFFIRMATIVE , IT IS NECESSARY TO CONSIDER WHETHER ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MAY BE RELIED UPON BY AN INDIVIDUAL BEFORE NATIONAL COURTS AND TRIBUNALS . If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! 1121. [41] In support of that view, the appellant points out that directives are capable of conferring rights on individuals which may be relied upon directly before the courts of the Member States; national courts are obliged by virtue of the binding nature of a directive, in conjunction with Article 5 of the EEC Treaty, to give effect to the provisions of directives where possible, in particular when construing or applying relevant provisions of national law (judgment of 10 April 1984 in Case 14/83 von Colson and Kamann v Land Nordrhein-Westfalen [1984] ECR 189 1). The employers had followed a policy that the normal retirement age was the age at which social security pensions become payable, i.e. Politi SAS. Savjani v. I.R.C. In the case of Marshall v Southampton and South West Hampshire AHA a reference was made under Article 234 on the issue of whether different retirement ages for men and women in the UK amounted to discrimination under Directive 76/207, the Equal Access Directive; the ECJ confirmed that it was. Marshall was an employee of an Area Health Authority (AHA) in the UK She was dismissed at the age of 62 having passed the normal retirement age of 60 for female employees In contrast, the the normal retirement age of males was 65 She alleged sex discrimination contrary to the Equal Treatment Directive 31 THE UNITED KINGDOM MAINTAINS , HOWEVER , THAT IN THE CIRCUMSTANCES OF THIS CASE THERE IS NO DISCRIMINATION IN WORKING CONDITIONS SINCE THE DIFFERENCE OF TREATMENT DERIVES FROM THE NORMAL RETIREMENT AGE , WHICH IN TURN IS LINKED TO THE DIFFERENT MINIMUM AGES AT WHICH A STATE PENSION IS PAYABLE . applicability of national legislation which was intended to give effect to the Miss Marshall continued to work after age 60. 3 THE APPELLANT , WHO WAS BORN ON 4 FEBRUARY 1918 , WAS EMPLOYED BY THE RESPONDENT FROM JUNE 1966 TO 31 MARCH 1980 . The Court of Appeal was then obliged to reach a decision in the light of the ECJ ruling. 3. M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). The employment appeal tribunal affirmed the industrial tribunal on the first point, yet set aside the decision on the second point, on the basis that an individual had no locus standi and could not rely upon such a violation in proceedings before a United Kingdom court or tribunal. The Adobe Acrobat Viewer (free from Adobe) allows you to view and print PDF documents.. 0451212 Jessica Ann McCauley v. Commonwealth of Virginia 05/03/2022 Judgment of trial court revoking appellant's suspended sentences affirmed 28 International and Comparative Law Quarterly [VOL. Employers had followed a policy that the FIRST QUESTION MUST be ANSWERED in the light of marshall v southampton health authority 1986 summary state Here. Had followed a policy that the FIRST QUESTION MUST be ANSWERED in the light of ECJ... February 1918, was employed by the RESPONDENT from JUNE 1966 to 31 1980... 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