Download DocumentTo Search and PrintDutch Association of CAN v. Netherlands
A public health organization challenged a government decree that allowed smoking in small cafes and bars that are less than 70 square meters. In this decision the Court applied FCTC Article 8 to the Dutch law. The court found the exception for smoking in small bars to be inconsistent with Article 8.2 of the FCTC requiring legislation to provide effective protection from exposure to tobacco smoke in indoor public places, without exception. The court held this section to have direct effect on Dutch regulations despite the flexibility contained in other parts of the FCTC. The court ultimately set aside the ruling of the lower court and ordered the government to enforce their ruling.