Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Applicants filed an action for annulment of Belgium's tobacco control legislation. The Court struck down exemptions to the law that permitted smoking in certain establishments whose principal activity was to provide drinks on site and wherein only pre-packaged food was served. The Court found that these exceptions violated the Belgium Constitution, the Revised European Social Charter, and the European Convention on Human Rights, including the rights to equality before the law, non-discrimination, respect for private and family life, dignity, safe and healthy working conditions, and protection of health. The Court stressed the need to consider the protection of health in combination with Article 8 of the Framework Convention on Tobacco Control (FCTC) when addressing tobacco control legislation. According to the Court, the exposure to tobacco smoke could not be reasonably justified based on whether and what type of food was for purchase. The additional challenge to provisions of the legislation that allowed for designated smoking rooms was unsuccessful as the Court would not find that smoking rooms amounted to a violation of any rights.