In the case of Ortega Ortega v. Spain the Court held that there had been a violation of the prohibition of discrimination taken in conjunction with the right to private life.

The case concerned the applicant’s dismissal from her job, following a claim made by her of sex discrimination.

The Court held that the reasons given by the national courts in upholding the applicant’s dismissal had not been sufficient. The dismissal had had the effect of negating the protection against discrimination afforded in the separate discrimination proceedings and the national courts had not engaged with that consequence. Furthermore, they had failed to give sufficient weight to relevant elements which could have been indicative of a retaliatory motive.

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