"The Court of Appeal has decided that Art. 8 par. 2 of the WHO Framework Convention imposes an obligation to offer accessible effective protection against exposure to tobacco smoke and make it visible in places indicated in the article paragraph, whereby public buildings (‘indoor public places’) include small cafes. The text of this provision, as well as the objective of the Treaty, implies that this protection - i.e.: prevention of health hazards and death resulting from being exposed to tobacco smoke - is valid for everyone who enters or wants to enter such places. Also, the Court of Appeal has rightly judged that, in any case in this context, the obligation arising out of Art. 8 par. 2 of the WHO Framework Convention is implicit enough and is described in sufficiently precise terms. Therefore, the Court opposes the exception for small cafes introduced only later, which results in a situation that for these cafes, there is no other valid obligation than to put a sign on the door that smoking is allowed. (the new Art. 3 par. 4 Decision 2008). To be sure, the State needs time to implement treaty obligations, such as for instance Art. 8 par. 2 of the WHO Framework Convention, and in principle, there is a possibility provided for the State to institute interim measures for the implementation of such an obligation in connection with other interests. A reference is made to the text of the original Art. 3 par. 1 of Decision 2008 initial sentences and under 'a', whereby supervisors of small cafes were obliged to institute a smoking ban; that disqualifies the question of time needed for the realization of regulations or any other measures as relevant, nor is the exception of small cafes justified as an interim measure."