TOBACCO CONTROL LAWS

Pierre Leautier v. National Committee for Tobacco Control

A lower court found that Pierre Leautier and the company, Multipromotions, violated France's advertising law by naming a travel agency "Peter Stuyvesant Travel."  Mr. Leautier and Multipromotions appealed, alleging, among other things, violations of the European Convention’s right to freedom of commerce and industry.  The Court of Cassation upheld the lower court's decision. 

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Pierre Leautier, et al. v. National Committee for Tobacco Control, Case No. 00-83824, Court of Cassation (2001).

  • France
  • Jan 23, 2001
  • Court of Cassation

Parties

Plaintiff National Committee for Tobacco Control

Defendant

  • Multipromotions Company
  • Pierre Leautier

Legislation Cited

International/Regional Instruments Cited

Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights)

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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