Key facts of the case - A woman applied for the renewal of her identity document. With the application she submitted a photo on which she wore a headscarf. The commune refused to issue the identity document with the photo with headscarf. The applicant brought proceedings against the Commune. The Court of Appeal of Antwerp ruled that the commune was compelled to issue the identity document and pay damages to the applicant. The commune appealed to the Court of Cassation. It argued that the civil courts did not have jurisdiction because the applicant had no subjective right to be issued an identity document. It further argued that it was not legally obliged to issue such document if the applicant wore a headscarf on the photo.

Main reasoning of the court - The Court of Cassation first found that the civil courts did have jurisdiction to hear the case, as the applicant had a subjective right to be issued an identity document. There is a legal obligation on citizens to carry identity documents with them and thus she had a right to such card if she complied with the legal requirements. The Court further found that the commune had to issue the identity document to the applicant, using the photo on which she wore a headscarf. The Court referred to a circular of 7 October 1992 which provides that head coverings may be permitted on the photos used for identity documents if these were required for clear medical or religious reasons. While the commune argued that whether or not such photos were permitted was within its discretion, the Court found that the commune had to accept such photos. The applicant had clearly indicated her religion as Islam and that according to her religious beliefs the wearing of a headscarf was required. She therefore had a justification for wearing the headscarf. The Court confirmed the decision of the Court of Appeal.