Mr. S. v. Federal Republic of Germany

A non-smoker challenged a national regulation addressing smoking in public as inadequate and therefore violating his fundamental rights. The Court held that the complaint was unfounded, finding that the legislature acted within its authority by regulating smoke-free places in a broad manner, which allowed for the consideration of public and private interests. Because the legislature did not completely abstain from regulation and also took adequate measures to regulate environments in which individuals cannot easily escape smoke in their surroundings, there existed no constitutional violation of fundamental rights.


Mr. S. v. Federal Government of Germany, 1 BvR 2234/97, Bundesverfassungsgericht [Federal Constitutional Court of Germany](1998).

  • Germany
  • Feb 9, 1998
  • Federal Constitutional Court of Germany (Bundesverfassungsgericht)


Plaintiff Mr. S.

Defendant Federal Republic of Germany

Legislation Cited

Non-Smoking Protection Act, Draft (Entwurfs eines Nichtraucherschutzgesetzes)

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product