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Thread: Cologne Court allows e-cigarette in restaurants

  1. #1
    AVF Regular
    Join Date
    Aug 2013

    Cologne Court allows e-cigarette in restaurants

    a german friend of mine sent this thru to me from spiegel online

    "The court on Tuesday upheld the claim of a Cologne innkeeper who wants to allow its customers the use of e-cigarettes."

    article is in german so use google translate

    E-Zigaretten: Kölner Gericht erlaubt Dampfen in NRW-Gaststätten - SPIEGEL ONLINE

  2. #2
    AVF Regular
    Join Date
    Oct 2011
    Hobart Tasmania
    No smoking, steaming allowed: A Cologne court has the action of an innkeeper upheld , who asked not to prohibit its guests e- cigarettes. According to the judges , a lack of clear legislative regime for the electric cigarettes.

    Cologne - The Non smoking protection law in North Rhine -Westphalia is one of the more stringent in the Federal Republic. Yet there the consumption of e- cigarettes is not prohibited. The now decided the Cologne Administrative Court . The court on Tuesday upheld the claim of a Cologne innkeeper who wants to allow its customers the use of e- cigarettes.

    About possible consequences of the use of e-cigarettes will be debated in Germany and at the EU level for some time. The Cologne judges found now , an e- cigarette will not " smoked " in the legal sense . Smoking smoke inhaled will that produced by the combustion of tobacco products. Since the e- cigarette usually a nicotine-containing liquid - called Liquid - evaporate and no tobacco to be burned , would have not smoked from the word meaning here .
    The NRW Non smoking protection law also serves to protect non-smokers from the dangers of tobacco smoke. However, the dangers of passive smoking and the following from the use of e- cigarettes risks are not comparable. Passive smoking leads to many serious health risks in the form of cancer or cardiovascular diseases, which are caused by the harmful substances in tobacco smoke . These combustion products were absent in the vapor of the e- cigarette. Also reached significantly less ultrafine particles in the room air , long-term consequences are unknown.

    The judges represented the face of these differences to the conventional cigarette of the opinion that it would have taken in the NRW Non smoking protection law a "sufficiently specific and clear control of the legislature for e- cigarette" . This lack , however . The mere statement in the legislative history that a comprehensive smoking ban would also cover the e -cigarette is not sufficient .

    However, because of the fundamental importance of the right to question the Cologne court allowed the appeal with the Supreme Administrative Court in Münster. This was last September decided that free trade is not penalized with e- cigarettes because they are not classified as drugs.
    Rynxa, spud and avtek like this.



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