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According to VfGH, smoking is still allowed in restaurants

The Constitutional Court (VfGH) has dismissed the application of the Vienna State Government for the Tobacco and Nonsmoker Protection Act in the version in force since May 1, with recognition of today, Tuesday. The VfGH sees the legislative scope of the legislature in the smoking permit in the catering sector not exceeded.

Regarding the employee protection, the Constitutional Court states that "the legal system in many contexts accepts human behaviors that in one way or another (also significant negative impact on other people or the general public, because the legislature rates the gain in freedom higher than the negative consequences ". In the democratic constitutional state, it is the task of the legislature to reconcile the freedom of one with the need for protection of others and with public interests.

More info coming soon …

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