TOBACCO CONTROL LAWS

Seaside Operations Company of Nice v. Non-Smokers' Rights Association

A lower court awarded damages to the Non-Smoker’s Rights Association (DNF) and a trade union because it found that the Seaside Operations Company of Nice (SNEB), a casino company, exposed their employees and the public to passive smoking and did not comply with the technical requirements of smoking rooms in their casino.  SNEB appealed, alleging abuse of process.  Also, on appeal, DNF requested specific damages because of SNEB’s repeated violations.  The court of appeals affirmed the lower court’s decision, but slightly changed the judgment by imposing new damages against SNEB.  It also dismissed SNEB’s allegations of abuse of process.

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Seaside Operations Company of Nice v. Non-Smokers' Rights Association and the Federation of Employees and Executives CGT Force Ouvrière, Case No. 07/02283, Court of Appeals - Aix en Provence (2008).

  • France
  • Feb 28, 2008
  • Court of Appeals - Aix en Provence

Parties

Plaintiff Seaside Operations Company of Nice (SNEB)

Defendant

  • Non-Smokers' Rights Association
  • The Federation of Employees and Executives CGT Force Ouvrière

Legislation Cited

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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