The Public Prosecution Service (OM) must initiate criminal proceedings against a fishmonger who refused to serve a woman wearing a niqab in his shop, the Court of Appeal in The Hague ruled earlier this month. A judge must determine whether the fishmonger discriminated against the woman based on her religion, the court ruled, AD reports.

The incident occurred four years ago in a fish shop in Hoek van Holland. The woman tried to order battered fish, but the shopkeeper refused to serve her. He said he could not see the woman’s face, and that was against his rules. He ordered her to leave his shop.

The woman filmed the altercation on her phone and filed a complaint of discrimination. The OM dismissed the case, saying there was insufficient evidence for criminal prosecution. The woman disagreed and turned to the court to force the OM to prosecute.

According to the woman, the man’s actions constitute direct discrimination. He treated her differently because she was wearing a niqab, which is part of her faith.

The OM maintained that no criminal offenses had been committed. According to the OM, the fishmonger refused to serve the woman because he could not see her face, not because she is a Muslim.

The court agreed with the woman and ordered the OM to initiate criminal proceedings. The seriousness of the offense, the fishmonger’s statements, and the camera footage of the incident are sufficient grounds for a criminal case, the court ruled.

The court also said that a ruling in this case will provide clarity in other similar cases. A judge must assess when someone can be refused entry or service under the law due to face-covering clothing.