TOBACCO CONTROL LAWS

Non-Smokers' Rights Association v. Pitt

The Non-Smokers' Rights Association (DNF) requested 50,000 Euros in damages because a casino and its directors failed to comply with smoke-free laws requiring posting no smoking signs and providing specific ventilation systems for smoking areas. The directors argued that they should not be held personally liable because they did not violate smoke-free rules as individuals and that the casino should indemnify them. The court held that the casino's failure to comply with smoke free measures constituted a danger and nuisance to the casino's non-smoking clientele and employees, but decreased the fine to 10,000 Euros because the casino provided important work and because a change of law since the inception of the case would render compliance with the old law inappropriate. The court also held that the directors and casino's actions were inseparable and separate damages accordingly could not be imposed.

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Non-Smokers' Rights Association and the Federation of Employees and Executives CGT Force Ouvrière v. Pitt, Sionneau and the Seaside Operations Company of Nice, Case No. 06/06052, High Court - Nice (2007).

  • France
  • Jan 30, 2007
  • High Court - Nice

Parties

Plaintiff

  • Non-Smokers' Rights Association
  • The Federation of Employees and Executives CGT Force Ouvrière

Defendant

  • Jean-Charles Pitt
  • Patrick Sionneau
  • Seaside Operations Company of Nice

Legislation Cited

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.

Type of Tobacco Product

None

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