TOBACCO CONTROL LAWS

Alain J. v. National Committee for Tobacco Control

A trial court found the mayor of Bordeaux liable for the city's failure to post required no smoking signs in the city's Communal Center for Social Action (CCAS), and the mayor appealed the court’s decision, maintaining that the individuals responsible for CCAS were responsible for the failure to post the signs. The court of appeals reversed the trial court’s liability finding, and the Court of Cassation affirmed the judgement, holding that that the Mayor was not the correct individual to sue.

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Alain J., et al. v. National Committee for Tobacco Control, Case No. 04-82.966, Court of Cassation (2005).

  • France
  • Feb 22, 2005
  • Court of Cassation
View Case History

Parties

Plaintiff

  • Alain J.
  • Communal Center of Social Action

Defendant

  • B. Mohamed
  • D. Philippe
  • G. Lionel
  • National Committee for Tobacco Control
  • P. Francois

Legislation Cited

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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