Jump to full article: Agence France Presse (AFP) (fr), 2009-07-03
Intro: Dutch bar owners won a new victory in their fight against a smoking ban on their premises when an appeal court cleared two of them of breaking the law and quashed a 1,200 euro fine.
"The law contains no formal obligation for landlords of cafes, restaurants and hotels without staff to implement a smoking ban," the appeal court at Leeuwarden in the northern Netherlands said in a statement.
It overturned the verdict handed down in a lower court against the pair from Groningen who became the first to be prosecuted following the introduction of the nationwide ban a year ago.
In May the appeals court of Den Bosch, in the southern Netherlands, upheld the acquittal of the two owners of the Victoria cafe in Breda, near the Belgian border.
"The court finds that the (ban) is partly non-binding, as it lacks legal grounding" regarding establishments with no staff, said a court statement.
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