The public prosecution must pursue a case against a fishmonger who refused to serve a woman wearing a niqab, a court in The Hague has ruled.

The incident happened four years ago at a fishmonger’s in Hoek van Holland where she wanted to order some kibbeling, or fried fish. The fishmonger said he did not want to serve the woman because he could not see her face, which he claimed was “against his rules”. He also ordered her to leave his shop.

The woman, who filmed the encounter on her mobile phone, subsequently reported the man to the police for discrimination but the public prosecution office decided there was no enough evidence of a criminal offence to warrant prosecution.

The woman then successfully appealed, stating that she had been treated differently because of her faith and dress. The court dismissed the OM’s argument that the woman was refused service because her face was hidden and not because she was a Muslim.

The court also said a ruling on the case could create clarity in the shape of a legal precedent for similar situations.

In the Netherlands, clothing which cover the face, such as a niqab, is banned in schools, public transport, care facilities and government buildings.

The fishmonger was not present at the ruling to tell his side of the story. The man referred to the video and only wants to present his arguments in front of the judge, he said.