Mme B. v. Republic of France (Decree n° 300467)

Several private individuals and organizations challenged amendments to the Public Health Code. The amendments restricted smoking in public places to enclosed smoking rooms, except for educational facilities where smoking was entirely prohibited.  The court rejected arguments that the legislation, in prohibiting the plaintiff from smoking in the educational facility where she worked, amounted to a violation of the plaintiff's right to peaceful enjoyment of her property. Additionally, the court rejected arguments that the ban infringed smokers' rights to freedom of assembly and association, that the ban infringed upon smokers' liberty and dignity, and that the total prohibition of smoking and smoking rooms in educational facilities violated the principle of equality, finding rather that the bans were proportionate to the aim of protecting public health, were clear and concise, and did not disproportionately affect other private or public interests.

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Mme B, et al. v. France, Decree n° 300467 du 19 mars 2007, Council of State (2007).

  • France
  • Mar 19, 2007
  • Council of State

Parties

Plaintiff

  • Collectif des Amoureux de L'Art de Vivre
  • Confederation of the Departmental Trade Union of Tobacco Sellers in France (Le Confederation des Chambres Syndicale Departementales des Debitants de Tabac de France)
  • Confrerie Jean Nicot
  • Confrerie Maitres Pipiers de Saint Claude
  • M. A
  • Mme. B
  • Touche Pas a Mon Clope

Defendant France

Cited Legislation

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None