France

The Non-Smokers’ Rights Association (DNF) and the Public Minister joined together in an action for civil damages against a mental health clinic, alleging that the clinic (1) improperly ventilated smoking areas; (2) irregularly cleaned areas reserved for smokers; and (3) failed to post no-smoking signs in enclosed public areas.  The court agreed with DNF that the clinic was acting in violation of the public health code, but only concerning the obligation to post no-smoking signs. The court found no exception in the public health code allowing smoking throughout psychiatric facilities. The court fined the clinic 1,000 Euros and awarded nominal damages to DNF.