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· Germany
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PUFFERS' DELIGHT
Jump to full article: Der Spiegel (de), 2008-07-30
Intro: The smoking ban was partially overturned in two German states on Wednesday after the country's highest court ruled that it put small bars at an unfair disadvantage. The judges ruled that states must now either relax their rules or ban smoking entirely. . . .
However, the victory could yet prove to be Pyrrhic. According to the ruling, were Germany to opt for a complete smoking ban in restaurants and bars -- instead of one allowing for separate smoking rooms -- then the ban would be constitutional. Court President Hans-Jürgen Papier said that the smoking ban would need to be completely redrawn by the end of 2009 -- and German states must then decide to either relax their rules to remove the unfair disadvantage to small bars or ban smoking entirely in all restaurants and pubs.
"Protecting the public from health risks -- whereby the legislator should also take into account passive smoking -- is of paramount importance to the community," Papier said.
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