The ruling came after a case brought by the owner of two small bars, who claim that their business has been unfairly hit by the smoking ban. Introduced in patchwork fashion across the country’s 16 federal states earlier this year, Germany’s smoking ban has been poorly received by often tobacco-friendly Germans, about a third of whom smoke.

The laws have often been ignored or barely enforced, with the owners of small bars and restaurants claiming that their businesses were threatened by the legislation.

Among them were the owners of two separate one-room pubs in Berlin and the south-western state Baden-Wuerttemberg.

They claimed that their bars small size prevented them cordoning off a smokers’ area, as other bars have been allowed to, putting them at a competitive disadvantage. The constitutional court agreed.

“I am satisfied all around,” said Sylvia Thimm, owner of ‘Doors’ in Berlin, one of the two bars involved in the case.

German tobacco lobbyists DVZ said the smoking ban was heavy handed.

“We are warning against a growing culture of bans and regulations in Germany,” said DVZ chief Wouda Kuipers.

In fact, Germany has long been notoriously heavily regulated, but smoking has established itself as a lone act of rebellion against the prevailing culture.

Under the Nazis smoking was frowned upon. After 1945 smoking became a symbol of a post-war freedoms and broadmindedness.

Now, all German states will have to review their smoking bans and come up with new legislation by 2009, either banning smoking outright or allowing it in one-room bars too.

Courtesy Telegraph.co.uk 

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