Association Les Droits des Non-Fumeurs v Société Indiana Richelieu Drouot (2013) H&FLR 2015-31

Court of Cassation (France)

13 June 2013

Coram: Bizot P, Kriegk C and Maitre AG

Appearing for the Plaintiff: SCP Yves et Blaise Capron.
Appearing for the Defendant: SCP Celice, Blancpain & Soltner.

Catchwords: France – tobacco – non smoking area – public access – enclosed

Facts: The defendant operated “Café Indiana” at 18 Montmartre Boulevard, Paris.  The terrace of the cafe was found to be closed on its three main sides and to be only partly ventilated beneath its roof.

Article L.3511-7 of the French Code of Public Health forbids smoking in places given over to collective use.  Pursuant to Article 8 of the World Health Organization’s Framework Convention for Tobacco Control, such places include enclosed and covered areas which are workplaces or which are intended to be accessed by the public.

The plaintiff brought proceedings against the defendant alleging a breach of Article L.3511-7 and claimed damages and an injunction.  The proceeding was dismissed by the trial court (Assoc. Les Droits des Non-Fumeurs v Sté Indiana Richelieu Drouot, Paris Tribunal de Grand Instance*, 14 September 2010, unreported).  The plaintiff’s appeal was dismissed (Assoc. Les Droits des Non-Fumeurs v Sté Indiana Richelieu Drouot, Paris Court of Appeal, 11 May 2012, unreported).  The plaintiff further appealed to the Court of Cassation.

Held: Allowing the appeal and remitting the matter to the Versailles Court of Appeal, that the cafe’s provision of only partial ventilation under its roof while being closed on its three main sides was inadequate to respond to the law’s requirements.

Judgment

The Court’s judgment is available here.

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* Roughly, the Paris Superior Court.