Dutch Youth Smoking Prevention Foundation v. Netherlands

A non-governmental organization sued the Dutch government for violating Article 5.3 of the WHO Framework Convention on Tobacco Control (FCTC). Article 5.3 of the FCTC requires Parties to the Convention to protect tobacco control policies from the commercial and vested interests of the tobacco industry.  The court ruled that the NGO cannot require the Dutch government to take action in furtherance of Article 5.3 because the Article does not have a direct effect on the Dutch government. Additionally, the court found that Article 5.3’s requirements are not sufficiently clear. However, as a result of the lawsuit, the government created a document clarifying how it will implement Article 5.3. 


Dutch Youth Smoking Prevention Foundation v. Netherlands, ECLI: NL: RBDHA: 2015: 12746, Court of the Hague (2016).

  • Netherlands
  • Nov 9, 2015
  • Court of The Hague


Plaintiff Dutch Youth Smoking Prevention Foundation

Defendant The State of the Netherlands

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product