TOBACCO CONTROL LAWS

Minister of Labor, Employment, and Professional Training v. Credipar

Under France’s Labor Code, an employer can establish internal regulations to manage compliance with health and safety laws, which are then subject to review by labor inspectors.  In this case, a labor inspector ordered a company to withdraw some of its internal regulations on the basis that they established a method for complying with smoke-free laws and regulations. The company successfully appealed the inspector's decision in the lower administrative court and the Conseil d’Etat affirmed that decision here, finding that an employer may include smoke-free measures in its internal health and safety regulations.

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Minister of Labor, Employment, and Professional Training v. Credipar, Case No. 162055, Conseil d'Etat (1998).

  • France
  • Mar 18, 1998
  • Conseil d'Etat (high administrative court)

Parties

Plaintiff Credipar

Defendant Minister of Labor, Employment, and Professional Training

Legislation Cited

Labor Code L. 122-34

Labor Code L. 122-35

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

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.
Employment and Disability Law Violation
A claim against an employer involving a person who is harmed by secondhand smoke exposure in the workplace. For example, an employee with asthma may sue their employer for failing to protect them from exposure to secondhand smoke in the office or an employee with cancer may sue for workers’ compensation benefits. This may also include claims for workers' compensation. Disability laws also may protect customers who are not able to patronize a business filled with smoky air because of their disability.

Type of Tobacco Product

None

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