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Search Results Results 1-10 of 35

Dutch Youth Smoking Prevention Foundation, Van Veen, Breed v. PMI, BAT, JTI, IT [Netherlands] [December 06, 2018]

Anne Marie van Veen and Lia Breed, two patients who suffer from lung cancer and respiratory disease, and the Dutch Youth Smoking Prevention Foundation filed a complaint in 2016 with the Dutch public prosecutor’s office against tobacco makers Philip Morris International Inc., British American Tobacco Plc, Japan Tobacco International and Imperial Tobacco Beneluin. The complaint alleged that the tobacco manufacturers are, in short, guilty of attempted manslaughter and/or murder, attempted severe and premeditated assault and/or attempted premeditated harm to health with intent.  It also alleged that tobacco companies used deliberately misleading laboratory tests to gauge levels of tar, nicotine and carbon monoxide. The complaint described that the tobacco companies were liable because of “the large-scale, decades-long and ongoing production and sale of addictive tobacco products in the Netherlands.” The Dutch public prosecutor’s office declined to pursue a case against tobacco makers finding that "[a] successful prosecution of the tobacco manufacturers -- one resulting in a conviction -- is not possible within the current regulations and parameters."

The Appellate Court upheld the Dutch public prosecutor's decision. The Appellate Court found that "the cigarettes of the tobacco producers are made and tested according to stringent Dutch and European laws and regulations. As long as the tobacco producers comply with these European and national rules, the Member States (and therefore also the Netherlands) must not prohibit the trade in cigarettes according to the same European rules. The (European) regulator can only decide overriding measures against tobacco producers."

Dutch Non-Smokers Association CAN v. Netherlands [Netherlands] [February 13, 2018]

A public health organization (CAN) challenged a provision of the Tobacco and Smoking Products Act that permitted the establishment of smoking rooms in catering facilities. CAN argued that Article 8(2) of the WHO Framework Convention on Tobacco Control (FCTC) has direct effect and, therefore, this exception to the smoking ban should be considered non-binding because it conflicts with a higher law - the FCTC. The District Court ruled that FCTC Article 8(2) did not have direct effect and, therefore, could not be invoked in this case. CAN appealed this ruling.

On appeal, the Court concluded that FCTC Article 8(2) has direct effect and rejected the State's argument that the exception in the law is intended as a transitional measure. The Court stipulated that the FCTC Article 8 Guidelines "must be taken into account when interpreting Article 8 paragraph 2 of the WHO FCTC." Taking the Guidelines into account, the Court concluded that it is clear that separate smoking rooms "do not provide adequate protection against exposure to tobacco smoke" and, therefore, the exemption for smoking rooms in catering establishments is "contrary to Article 8(2) of the WHO FCTC."

Youth Smoking Prevention Foundation v. Netherlands [Netherlands] [November 09, 2015]

A non-governmental organization sued the Dutch government for violating Article 5.3 of the WHO Framework Convention on Tobacco Control (FCTC). Article 5.3 of the FCTC requires Parties to the Convention to protect tobacco control policies from the commercial and vested interests of the tobacco industry.  The court ruled that the NGO cannot require the Dutch government to take action in furtherance of Article 5.3 because the Article does not have a direct effect on the Dutch government. Additionally, the court found that Article 5.3’s requirements are not sufficiently clear. However, as a result of the lawsuit, the government created a document clarifying how it will implement Article 5.3. 

Dutch Association of CAN v. Netherlands [Netherlands] [October 10, 2014]

The Netherlands is a Party to the Framework Convention on Tobacco Control (FCTC).  In 2008, the Netherlands enacted a ban on smoking in public places.  In 2011, the government added a limited exception for small cafes with a floor area less than 70 square meters and no staff.  A tobacco control organization challenged the small cafe exception as a violation of Article 8 of the FCTC, which requires FCTC Parties to prohibit smoking in all indoor public places. In this decision, the Supreme Court agreed with the lower court that law's small cafe exception violated the FCTC and was illegal. Significantly, the court found that smoke-free requirements of the FCTC were sufficiently detailed to be supreme over a contradictory national law and directly binding within the country.

Customs vs. X [company importing and distributing tobacco products] [Netherlands] [March 13, 2014]

Information about this decision coming soon. 

BAT The Netherlands B.V. vs. The Netherlands [Netherlands] [February 05, 2014]

Information about this decision coming soon. 

Customs vs. X [company importing and distributing tobacco products] [Netherlands] [September 20, 2013]

Information about this decision coming soon. 

Dutch Association of CAN v. Netherlands [Netherlands] [March 26, 2013]

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.

Public Prosecution Service vs. X [cafe owner, De Kachel] [Netherlands] [March 19, 2013]

Information about this decision coming soon. 

Public Prosecution Service vs. X [cafe owner, Victoria] [Netherlands] [March 19, 2013]

Information about this decision coming soon.