Three Private Individuals v. Baden-Württemberg & Berlin

A nightclub owner and two small pub owners challenged the constitutionality of the provisions of non-smoking laws in Baden-Württemberg and Berlin. The pub owners contended that the exceptions in the laws for restaurants with several rooms distort competition in favor of large establishments and endanger the economic existence of single-room establishments. The club owner argued that discotheque operators were being treated unfairly compared to restaurant owners because the latter had the option of establishing smoking rooms. The Court ruled against the laws, finding that the challenged provisions violated the complainants' fundamental right of occupational freedom.


Three Private Individuals v. Baden-Württemberg & Berlin, 1 BvR 3262/07, 1 BvR 402/08; 1 BvR 906/08, Bundesverfassungsgericht [Federal Constitutional Court] (2008).

  • Germany
  • Jul 30, 2008
  • Federal Constitutional Court (Bundesverfassungsgericht)



  • Discotheque Owner
  • Pub Owner in Tübinge
  • Pub Owner in Berlin


  • Baden-Württemberg
  • Berlin

Legislation Cited

Berlin Non-Smoking Act

Non-Smoking Act of the Land Baden-Württemberg

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product