France

The Non-Smokers' Rights Association (DNF) alleged that a bar and its director failed to post no-smoking signs; allowed smoking in a room that was designated as a smoke-free space; and improperly ventilated a smoking section within the restaurant. The bar argued that the bar was not a "public place," because customers could choose not to frequent it.  The bar therefore was not subject to the public health code governing smoking in public places. The court held that defendants were liable for all of the infractions raised by DNF and imposed monetary damages.