A Regional Court ruled that a gas station violated Germany's Tobacco Products Act by displaying tobacco and e-cigarette advertisements visible from outside the sales area, constituting a form of prohibited outdoor advertising. The court rejected the gas station's operator's claim to qualify as a specialized tobacco retailer and ordered the cessation of such advertisements. Further, the court imposed a potential fine of up to 250,000 Euros per violation or imprisonment of up to six months for non-compliance.
X [Consumer Protection Association] v. X [Gas Station], Stuttgart Higher Regional Court 2nd Civil Senate (2024).
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.
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
A claim of a violation of a tobacco control law or statute.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"A gas station is not generally understood to be a specialist retail outlet for tobacco products. Its primary purpose is to supply the public with vehicle fuels. Over time, the sale of travel supplies (drinks, candy, etc.) and items that may be required on short notice for safe operation of a motor vehicle and that drivers themselves can handle (e.g. motor oil) have been added. This customization allows gas stations to also sell their product range outside the regular, legally restricted store opening hours.46 The injunction defendant, obligated to present and substantiate the facts required for the exception, has presented nothing to show that its gas station is specialized as would be expected of a specialist retailer..."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
A Regional Court ruled that a gas station violated Germany's Tobacco Products Act by displaying tobacco and e-cigarette advertisements visible from outside the sales area, constituting a form of prohibited outdoor advertising. The court rejected the gas station's operator's claim to qualify as a specialized tobacco retailer and ordered the cessation of such advertisements. Further, the court imposed a potential fine of up to 250,000 Euros per violation or imprisonment of up to six months for non-compliance.