TOBACCO CONTROL LAWS

M.Y. v. the Republic of France

This judgment is the decision of France’s highest administrative court concerning various challenges to the smoke free decree adopted by the French Government.  Noting the possibility to install designated smoking rooms, under strict conditions (although this action in educational institutions),  M.Y., a teacher, claimed the decree discriminated between workers with respect to the smoking in the workplace and violated worker human rights.  Other pro-tobacco organizations also challenged the decree, alleging, among other things, that only the legislative branch can regulate smoke free places; that the conditions that must be met to install smoking rooms are so strict that they in effect prohibit smoking throughout public places; and that the smoking ban infringes on citizen’s human rights, the “right to smoke,” and the right of freedom of assembly.  The court rejected all claims.

M.Y., et al. v. the Republic of France, Case Nos. 300467, 300500, 300680, 300681, 300682, 300683, 300898, Council of State (2007).

  • France
  • Mar 19, 2007
  • Council of State (Conseil d'Etat)
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Parties

Plaintiff

  • Confédérations des Chambres syndicale departementales des débitants de tabac de France
  • l'ASSOCIATION TOUCHE PAS A MON CLOPE
  • L’Association Collectif des amoureux de l’art de vivre
  • L’Association la Confrérie des Maîtres pipiers de Saint Claude
  • M.Y.

Defendant

Legislation Cited

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.
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

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

Substantive Issues

Right to Freedom of Association
Connected to the right to create organizations, e.g., labor unions.
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.
"Right to Smoke"
The tobacco companies and some individual plaintiffs argue that there is a right to smoke.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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