Date

18^th of June 2019

Type of Act

(name in English / in the official language)

Decision of the Constitutional Court, G 150-151/2018-34, G 155/2018-32

Enacted by

Constitutional Court

Reference to the Constitution (art.)

Art 7 Austrian Federal Constitution

Subject area

Equality principle, non-discrimination

If the act implements a source of EU Law: cite the relevant EU legal source

Comment

The Constitutional Court did not find that several provisions of the Law that amended the Tobacco Law (TabakG) and the Law on the Protection of non-smokers (Nichtraucherinnen und Nichtraucherschutzgesetz) were unconstitutional. The government of Vienna had filed a complaint grounded on Art 140 Austrian Federal Constitution and claiming a violation of Art 7 Austrian Federal Constitution. Yet, the Constitutional Court decided, that the legislator has a duty to forbid smoking in bars and restaurants in the light of Art 7 Austrian Federal Constitution.

Secondary sources/ doctrinal works (if any)

Available Text

https://www.vfgh.gv.at/downloads/VfGH_Entscheidung_G_150_2018.pdf

Date of entry into force