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Search Results Results 1-10 of 33

Youth Smoking Prevention Foundation v. Netherlands [Netherlands] [November 09, 2015]

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 Association of CAN v. Netherlands [Netherlands] [October 10, 2014]

The Netherlands is a Party to the Framework Convention on Tobacco Control (FCTC).  In 2008, the Netherlands enacted a ban on smoking in public places.  In 2011, the government added a limited exception for small cafes with a floor area less than 70 square meters and no staff.  A tobacco control organization challenged the small cafe exception as a violation of Article 8 of the FCTC, which requires FCTC Parties to prohibit smoking in all indoor public places. In this decision, the Supreme Court agreed with the lower court that law's small cafe exception violated the FCTC and was illegal. Significantly, the court found that smoke-free requirements of the FCTC were sufficiently detailed to be supreme over a contradictory national law and directly binding within the country.

Customs vs. X [company importing and distributing tobacco products] [Netherlands] [March 13, 2014]

Information about this decision coming soon. 

BAT The Netherlands B.V. vs. The Netherlands [Netherlands] [February 05, 2014]

Information about this decision coming soon. 

Customs vs. X [company importing and distributing tobacco products] [Netherlands] [September 20, 2013]

Information about this decision coming soon. 

Dutch Association of CAN v. Netherlands [Netherlands] [March 26, 2013]

A public health organization challenged a government decree that allowed smoking in small cafes and bars that are less than 70 square meters.  In this decision the Court applied FCTC Article 8 to the Dutch law.  The court found the exception for smoking in small bars to be inconsistent with Article 8.2 of the FCTC requiring legislation to provide effective protection from exposure to tobacco smoke in indoor public places, without exception.  The court held this section to have direct effect on Dutch regulations despite the flexibility contained in other parts of the FCTC.  The court ultimately set aside the ruling of the lower court and ordered the government to enforce their ruling.

Public Prosecution Service vs. X [cafe owner, De Kachel] [Netherlands] [March 19, 2013]

Information about this decision coming soon. 

Public Prosecution Service vs. X [cafe owner, Victoria] [Netherlands] [March 19, 2013]

Information about this decision coming soon. 

Public Prosecution Service vs. X [cafe owner, De Kachel] [Netherlands] [December 12, 2012]

Information about this decision coming soon. 

The Netherlands v. United Tobacco Vapor Group Inc. [Netherlands] [June 26, 2012]

Information about this decision coming soon. 

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