TOBACCO CONTROL LAWS

National Union of Environmental Health Personnel v. France

The National Union of Environmental Health Personnel challenged Decree n° 2007-75 dated January 22, 2007, claiming it constituted an abuse of power in that it modified the public health code with respect to the authorities charged with reporting tobacco control violations. The court rejected the challenge, holding that the decree aligned with tobacco control laws that gave enforcement authority to sworn civil servants within certain professional categories. 

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National Union of Environmental Health Personnel v. France, Case No. 303937, Council of State (2008).

  • France
  • Oct 8, 2008
  • Council of State

Parties

Plaintiff National Union of Environmental Health Personnel (Syndicat national des personnels de sante environnementale)

Defendant Republic of France

Legislation Cited

Decree n° 2007-75

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

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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