N., et al. v. Bavaria

A smoker and two restaurant owners challenged the constitutionality of provisions in the Public Health Protection Act regarding the ban on smoking in restaurants. In this final decision, the Court determined that it would not rule on the constitutional complaints because they had no significant basis under constitutional law. Additionally, the Court referenced an earlier ruling that legislators are not prevented by the constitution from giving preference to public health rather than to the rights negatively impacted by the Public Health Protection Act, particularly the right of the restaurant owner to practice his or her chosen profession and the right of the smoker to smoke.


N., et al. v. Bavaria, 1BvR 3198/07, BVerfG, Bundesverfassungsgericht [Federal Constitutional Court] (2008).

  • Germany
  • Aug 6, 2008
  • Federal Constitutional Court (Bundesverfassungsgericht)



  • Mr. B (Restaurant Owner)
  • Ms. N (Restaurant Owner)
  • Ms. N. (Smoker)

Defendant Bavarian Government

Legislation Cited

Public Health Protection Act

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product