Dutch Non-Smokers Association 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.


Dutch Assoc. CAN/State of Netherlands, HR, 26 March 2013, Case Number: 200.111.618/01

  • Netherlands
  • Mar 26, 2013
  • Court of Appeal of The Hague


Plaintiff Dutch Non-Smokers Association CAN (Club Active Non-smokers)

Defendant State of the Netherlands (Ministry of Health, Welfare and Sport)

Legislation Cited

International/Regional Instruments Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product