Patrick A. v. Département du Nord

Patrick A., who suffers from lung cancer, appealed a lower court decision finding his illness was not work-related, and the Council of State affirmed.  The Council of State, however, held that, even if the cancer could not be linked to his workplace, Patrick A. may be due damages because his employer failed to enforce the smoking ban and to protect its employees.  Patrick A. thus was exposed to passive smoking in the workplace.  The Council of State remanded the matter in order for this question to be analyzed and awarded Patrick A. 3,000 Euros in costs. 


Patrick A. v. Département du Nord, Case No. 330959, Council of State (2011).

  • France
  • Dec 30, 2011
  • Council of State (Highest administrative court)


Plaintiff Patrick A.

Defendant Département du Nord (local jurisdiction)

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product