German Smoking Ban

Published on September 22, 2008 7:47 AM

The German Highest Court suggested that smoking in this country must be prohibited in all restaurants and pubs or relax rules affecting single-room establishments.

Smoking laws in Germany are set individually by each of the 16 states, and most allow larger establishments to cordon off separate rooms for their smoking patrons.

But the Federal Constitutional Court in Karlshue ruled that practice is unconstitutional because such exceptions discriminate against smaller establishments.

The ruling was made on appeals brought by owners of one-room pubs in two states, Baden Wuerttemburg and Berlin.

The court ordered all states to review their laws, giving state parliaments until the end of 2009 either to ban smoking entirely in all establishments or to examine exceptions written into their laws.

In the meantime, one-room pubs that have rejected smoking since bans went into force can allow patrons to light up once again.

But the ruling could eventually force those same small businesses to go nonsmoking once again, if states choose to address the court's directive by banning smoking more uniformly.

Friedrich Wiebel, spokesman for German Smoke-Free Society, said: "It could backfire on the entire hospitality industry. We will fight hard over the next year and a half to push states to make laws that protect nonsmokers by allowing absolutely no exceptions."

Anti-tobacco researchers reported that Germany has already banned smoking nationwide in government buildings. But while each of the 16 states has enacted some curbs on smoking in bars, restaurants and other public places, the rules vary drastically.

All 27 EU nations have rules limiting smoking in public places, but they vary from country to country. Germany's neighbors Italy and France have broad bans on smoking in public places.

Dutch authorities said that they plan strict monitoring of the smoking ban and offenders can be fined up to 2,400 euros.

Meanwhile, authorities in Britain say a strict smoking ban introduced a year ago in all restaurants, bars and public places has prompted at least 400,000 people to kick the habit.

A study by Britain's cancer association and various pharmaceutical companies showed the smoking ban could prevent the death of 40,000 people in the coming ten years.