NAPOTNIK v. ROMANIA
Doc ref: 33139/13 • ECHR ID: 001-187157
Document date: September 28, 2018
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Communicated on 28 September 2018
FOURTH SECTION
Application no. 33139/13 Oana -Cornelia NAPOTNIK against Romania lodged on 8 May 2013
SUBJECT MATTER OF THE CASE
The application concerns the immediate termination of the applicant ’ s diplomatic mission in Slovenia because of her pregnancy and despite the fact that the quality of her work had been satisfactory. In a final decision no. 6061 of 8 November 2012 (file no. 18373/3/2011) the Bucharest Court of Appeal dismissed as unfounded the applicant ’ s complaint.
QUESTIONS tO THE PARTIES
1. Has the applicant suffered discrimination on the ground of her pregnancy contrary to Article 1 Protocol No. 12 to the Convention?
2. In particular, has the applicant been subjected to a difference in treatment in the exercise of her duties as diplomatic Second Secretary ( secretar II ) and coordinator of the consular section ( şeful secţiei consulare ) of the Romanian Embassy in Slovenia?
3. If so, did that difference in treatment pursue a legitimate aim; and did it have a reasonable justification? In particular, the reasons offered by the domestic courts in file no. 18373/3/2011, in order to justify the role played by the applicant ’ s pregnancy in the decision to recall her, were they relevant and sufficient?