Dutch Non-Smokers Association CAN v. Netherlands

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.


Case No. 13/02931 (10 Oct. 2014)

  • Netherlands
  • Oct 10, 2014
  • Supreme Court


Plaintiff The State of the Netherlands (Ministry of Heath, Welfare and Sport)

Defendant Dutch Non-Smokers Association CAN

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product