Two retail stores and two tobacco manufacturers challenged the constitutionality of a Belgian law regulating tobacco sales based on a store's size.  The retail plaintiffs alleged that the law violated equal rights protections as the law banned tobacco sales in stores larger than 400 m² while still permitting tobacco sales in stores smaller than 400 m² .  
 
The Council of Ministers defended the law by noting that larger stores were more frequented by the general public, including by families with children. The Council also noted that the law was merely a first step towards further reducing the number of tobacco sale points. 

The Constitutional Court concluded that the size-based sales restrictions violated equality rights protections. While acknowledging the broad discretion of the Council to pursue public health goals, the Court held that a store size-based sale restrictions was not rationally linked to the health risk of products it sold. However, given public health objectives, the court allowed the ban to remain in effect until December 31, 2026, to permit amendments.  

The two tobacco manufacturer plaintiffs also challenged the law’s tobacco manufacturer sale restrictions, display bans, age checks and bans on temporary sale points. The Court dismissed all of these challenges, as each was a reasonable public health measure.