Non-smoking protection laws in Germany

Non-smoker protection laws in Germany serve to protect non-smokers , i.e. to protect non-smokers from passive smoking . They are partly a matter of the federal government (= federal law : youth protection, occupational safety, ...), partly a matter of the states ( state law : smoking bans in public areas). The current “European Tobacco Control Scale 2019” of the European Conference on Tobacco or Health (ECToH) presented in Berlin in 2020 showed that the visionary goal of allowing Europe and thus Germany to become a “smoke-free” region by 2040 is still a long way off do. The Federal Republic ranks last on the performance scale of the tobacco control list of 36 European countries. An international German Cancer Congress was the occasion for the announcement of the results for the “Association of European Cancer Leagues” (ECL). The in Advocacy Alliance Smoking (ABNR) brought together health organizations and the German Cancer Aid called on the federal government and the parliament to finally do more to curb smoking. "The last place is a sign of poverty for us", criticized ABNR chairman Martina Pötschke-Langer the worst result for the Federal Republic.

history

The first regulations for the protection of non-smokers were based on the spatial separation of smokers and non-smokers in public areas. So there was since the second half of the 19th century trains separate cars, car parts or compartments , which were reserved for Non smoking. Since smoking in public was also viewed as a civic act of emancipation from the authorities and was thus viewed positively, for a long time it was difficult to enforce non-smoking in the non-smoking areas.

In 1971, the "Medical Working Group on Smoking and Health" demanded legal protection for non-smokers with a smoking ban at all workplaces where young people and non-smokers are employed, as well as for all public offices, schools and hospitals.

Radio and television advertising for tobacco products has been banned in Germany since 1975. The first law amending the Provisional Tobacco Act was passed on November 9, 2006 by the German Bundestag. The law further restricts tobacco advertising . It is forbidden to advertise tobacco products in the press or other printed publications. To the extent that advertising in the press is prohibited, it is also prohibited on the Internet. Companies whose main activity is the manufacture or sale of tobacco products are prohibited from sponsoring a radio program . It is also prohibited to sponsor events or social events such as Formula 1 races that have cross-border effects.

In the GDR there was a smoking ban in restaurants between 11 a.m. and 2 p.m.

As a party to the WHO Framework Convention on Tobacco Control (FCTC), which came into force on February 27, 2005 , Germany is also obliged under international law to implement appropriate measures to prevent and reduce tobacco consumption, nicotine dependence and passive smoking in national law .

In 2017, the Association of European Cancer Leagues wrote in a study that compared the effectiveness of policies against tobacco smoking in 35 European countries that Germany came in penultimate place and was the most problematic country in Europe with regard to tobacco regulation and the only EU member state without a ban on outdoor tobacco advertising (at the beginning of July 2020, the Bundestag passed a ban on outdoor tobacco advertising). The authors particularly pointed out the close links between the tobacco lobby and politics. The Federal Republic of Germany was one of the EU states "that did not have the political will to change the situation," criticized EU Health Commissioner Vytenis Andriukaits on the occasion of World No Tobacco Day 2015.

Federal law

Means of transport

Smoking area marked yellow on a platform at Düsseldorf Central Station , 2008

Information sign on the Berlin-Friedrichstrasse S-Bahn station

Since September 1, 2007, a statutory smoking ban has been in effect in all public railway stations and in all public transport (airplane, train, bus, tram, taxi, etc.), which results from § 1 of the Federal Non- Smoking Protection Act (BNichtrSchG). Exceptions are possible for separate and appropriately marked rooms (Section 1 (3) BNichtrSchG).

In many federal states, smoking in local transport vehicles was previously prohibited, including in Baden-Württemberg , Bavaria , Bremen , Lower Saxony , North Rhine-Westphalia and Thuringia . On July 1, 2007, Mecklenburg-Western Pomerania , Brandenburg and Berlin were the last federal states to adopt the smoking ban.

After the Non-Smoking Protection Act came into force, which banned smoking only in station buildings, Deutsche Bahn extended the smoking ban to the entire station area, including platforms, underpasses and station forecourts. The only exceptions are marked smoking areas. This regulation can be found in the house rules of the Deutsche Bahn on almost every platform in the stations. The smoking ban now also applies to electronic cigarettes. Throwing cigarette butts - even on the tracks - is prohibited. A fine of at least € 40 will be imposed in the event of deliberate soiling. Further violations lead to eviction or ban.

At airports , smoking has generally only been permitted in specially designated zones since the 1990s.

Workplace

Smoking bans are issued in the workplace to avoid hazards and protect health .

If flammable or explosive substances are present, a smoking ban must be imposed in order to reduce the risk of fire or explosion .

Employers are also obliged by the workplace ordinance to ensure non-smoker protection in the workplace. The employer must then take the necessary measures to ensure that non-smoking employees in workplaces are effectively protected from the health hazards caused by tobacco smoke ( Section 5 ArbStättV). He has to issue a general smoking ban or a smoking ban that is restricted to individual areas of the company if the non-smoker protection cannot be achieved otherwise.

Employees are therefore fundamentally entitled to a smoke-free workplace. On the other hand, smokers have no right to be allowed to smoke during work or breaks. Exceptions to this, however, apply in workplaces open to the public. Here the employer only needs to take protective measures insofar as the nature of the company and the type of employment permit (Section 5 (2) ArbStättV). Employees who work in a restaurant where smoking is prohibited by law are entitled to a smoke-free workplace.

The order of a smoking ban vis-à-vis employees concerns the orderly behavior in the company and is therefore subject to co-determination according to Section 87 (1) No. 1 of the Works Constitution Act. The employer must therefore agree on the measures to be taken to protect nonsmokers with the works council. The specific design of the non-smoker protection can be regulated in a works agreement. It cannot, however, be a question of whether or not to protect non-smokers, but rather how this protection is guaranteed in detail. In this way, the works council can try to raise the concerns of employees who smoke, for example by agreeing to set up smoking rooms. If the employer is required by law to issue a smoking ban without being allowed to set up smoking rooms, the works council's right of co-determination does not apply, as the employer no longer has any discretion to make decisions.

Authorities, agencies and other federal institutions

Refuge for smoking in front of a German authority

In anticipation of the law on protection against the dangers of passive smoking , the federal cabinet banned smoking in all federal institutions on July 1, 2007. Article 1 of the Act introduced the Federal Non- Smoking Protection Act, which regulates the introduction of a smoking ban in federal institutions and public transport and which generally prohibits smoking.

However, special smoking zones will be set up where tobacco can be consumed without endangering non-smokers. For this, either special rooms can be set up or outdoor areas can be designated as smoking areas. In addition, smoking cessation courses are offered for the employees of the federal government as part of the health care of the employer.

The BMF decree ZC 1 - P 1815/06/0002 Doc.No. 2007/0163076 of June 25, 2007, which implements the regulations for the division of the Federal Ministry of Finance .

Protection of minors

With the version of Section 10 of the Youth Protection Act (JuSchG), which has been in force since September 1, 2007 , the age limit for purchasing tobacco products has been raised from 16 to 18 years. Since then, tobacco products are generally no longer allowed to be given to children and young people. In addition, children and adolescents must not be allowed to smoke in public (Section 10 (1) JuSchG). There was a transition period until January 1, 2009 ( Section 10 (2) JuSchG) for vending machines .

State law

Authorities, offices and other institutions of the state and local authorities

Smoking bans in authorities, offices and other institutions of the state and municipalities:

Absolute smoking ban

Smoking ban - separate exceptions possible

Smoking ban - Separate smoking rooms permitted

Smoking ban in prisons:

Absolute smoking ban

No smoking - exceptions for common areas

Smoking ban - exception for (single) cells

Smoking within official facilities is prohibited in the following federal states without exception: Bavaria, Brandenburg, Bremen, North Rhine-Westphalia, Rhineland-Palatinate and Schleswig-Holstein. In the following federal states, smoking is permitted in clearly marked and separated smoking rooms: Baden-Württemberg, Berlin, Hesse, Mecklenburg-Western Pomerania, Lower Saxony, Saarland, Saxony, Saxony-Anhalt and Thuringia. In Hamburg, smoking can be permitted in individual cases during interrogations by the public prosecutor or the police.

Correctional facilities

In Baden-Württemberg, Bremen, Hamburg, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Saxony-Anhalt, individual cells are exempt from the smoking ban. In Baden-Württemberg, Hamburg and North Rhine-Westphalia, all inmates must give their consent. In Baden-Württemberg, Bavaria, Berlin, Brandenburg, Bremen, Rhineland-Palatinate, Saarland, Saxony and Thuringia, smoking can be permitted in separate common areas.

Prisons in Lower Saxony are exempt from the general smoking ban.

In Hesse and Schleswig-Holstein, smoking is strictly forbidden inside the closed premises of prisons.

Cigarette machine on the premises of a university clinic

Hospitals and nursing homes

In principle, a general smoking ban applies to all health facilities. However, all federal states allow exceptions in that smoking rooms or areas may be set up in psychiatric clinics, in palliative medicine or in closed departments of a hospital. Some federal states allow patients to smoke in their patient room after consultation with the clinic management, provided that this is useful for fulfilling a therapy goal.

Day care facilities for children

There is a general smoking ban in day care facilities for children in all federal states. Only in Rhineland-Palatinate can smoking be allowed by the management of the facility for users of the facility "if a smoking ban is not conceptually justifiable due to the facility's tasks."

schools

Smoking inside school buildings is prohibited by law in all federal states.

In Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony, Schleswig-Holstein and Thuringia, smoking is absolutely prohibited in the school building and the school grounds.

In Baden-Württemberg it is possible to set up smoking areas outside of school buildings in the outer area of the school premises for adult pupils and teachers who work there. In Mecklenburg-Western Pomerania, Lower Saxony and Saxony-Anhalt, smoking areas can only be set up on the premises of universities.

Sports halls, indoor swimming pools, etc.

Smoking ban in sports halls, indoor swimming pools etc .:

Absolute smoking ban

Smoking ban - exceptions for separate smoking rooms

No regulation

In Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia, smoking is absolutely prohibited in all sports halls, indoor swimming pools or similar facilities.

Separate smoking rooms can be set up in Mecklenburg-Western Pomerania.

In Baden-Württemberg there are no statutory regulations, which is why the respective operator is free to allow smoking.

Cultural institutions

Smoking ban in cultural institutions:

Absolute smoking ban

No Smoking - Exceptions for Artistic Performances

Smoking ban - exception for separate smoking rooms

No regulation

In Brandenburg, Bremen, Hamburg, Hesse, North Rhine-Westphalia, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia, there is an absolute smoking ban for cultural institutions.

In Bavaria, Berlin, Rhineland-Palatinate, exceptions apply to artistic performances where smoking as part of the performance is an expression of artistic freedom. Otherwise, an absolute smoking ban applies.

Separate smoking rooms can be set up in Mecklenburg-Western Pomerania and Lower Saxony.

In Baden-Württemberg there are no statutory regulations, which is why the respective operator is free to allow smoking.

Discos

In Bavaria, North Rhine-Westphalia and Saarland, there is an absolute ban on smoking in discos.

In Baden-Württemberg, Brandenburg, Bremen and Saxony-Anhalt, smoking is prohibited in discos, but there are exceptions in the case of completely separated side rooms without a dance floor and if access is restricted to people over the age of 18 and the side rooms are clearly recognizable as smoking rooms Marked are.

In Berlin, Hamburg, Hesse, Mecklenburg-Western Pomerania, Lower Saxony, Rhineland-Palatinate, Saxony, Schleswig-Holstein and Thuringia, the smoking ban does not apply to a designated separate smoking area.

Restaurants

Smoking ban in restaurants:

Absolute smoking ban

Smoking ban - exception for separate adjoining rooms and one-room smoking bars

A non-binding agreement reached in 2005 between the Federal Ministry of Health and the German Hotel and Restaurant Association (DEHOGA) did not, in the opinion of most politicians, lead to the desired improvements in non-smoker protection. Therefore, the federal government (at that time the black-red coalition) decided to initiate a legislative initiative, but this was canceled on the grounds that the federal government lacked the legislative competence. At the beginning of 2007, statutory smoking bans in the catering trade were issued for the first time through non-smoking protection laws in the federal states. Some countries allow the establishment of separate smoking rooms and other exemptions, other countries have introduced general smoking bans without exceptions. The majority of the smoking bans came into force on January 1, 2008, some federal states introduced them as early as 2007. Since July 1, 2008, smoking bans have been in effect in all federal states. In response to constitutional complaints against the state laws of Berlin and Baden-Wuerttemberg, the Federal Constitutional Court ruled that a general ban on smoking in restaurants is permissible, but that laws with exceptions for restaurants with separate smoking rooms are unconstitutional, as these inadmissibly impaired one-room hosts. Both countries were given a deadline until the end of 2009 to either add exceptions for one-room pubs and discos or to introduce a general ban on smoking in restaurants without exceptions. Until the new regulation, the constitutional court lifted the smoking bans in discos and one-room restaurants in both federal states under certain conditions. As a consequence of the BVerfG ruling, the non-smoking protection laws in Baden-Württemberg and Berlin were relaxed in accordance with the ruling's requirements. The Saxon Constitutional Court decided in a similar way, insofar as gambling halls are not legally allowed to set up separate side rooms for smoking. In May 2010, the Constitutional Court (VGH) in Koblenz decided that it was allowed to smoke again in small restaurants, so-called corner bars. Five operators and one private person had filed a constitutional complaint.

As of September 2017, there is a general smoking ban for restaurants and pubs in the 3 federal states of North Rhine-Westphalia, Bavaria and Saarland, in the remaining 13 federal states there are generally exceptions for side rooms in restaurants and for one-room pubs under 75 m². The interpretation of these exceptions can differ slightly in detail between these federal states, for example Hamburg is the only federal state to prescribe an airlock for smoking areas, and in some federal states no elaborately prepared food may be served in smoking pubs.

Football stadiums

In the German football stadiums of the Bundesliga there is no general ban on smoking. In the meantime, some clubs have started to set up smoke-free zones, so-called “children's and family blocks”. In the 2007/2008 season, the situation in German football stadiums was as follows: Hertha BSC , Borussia Dortmund , Hamburger SV and VfL Wolfsburg had smoke-free fan blocks. In the stadiums of FC Bayern Munich ( Allianz Arena ), Werder Bremen ( Weserstadion ) and VfL Bochum , smoking was completely free. Hamburger SV was planning to have the first completely smoke-free stadium in Germany in 2008; this decision has been postponed. Since the 2009/2010 season, smoking has been prohibited in the interior of the Rheinenergiestadion ( 1. FC Köln ) and the BayArena ( Bayer 04 Leverkusen ). The access to the individual blocks as well as all other areas are excluded from this regulation. Smoking was permitted in the stadiums during the 2006 World Cup in Germany, but it was banned at the 2002 World Cup in Korea and Japan and also at the 2010 World Cup in South Africa . Even in the otherwise smoke-free family block of the Berlin Olympic Stadium , people smoked. The German Cancer Research Center criticized the situation and said that a legal regulation for smoke-free sports facilities was essential.

Rental apartment

Smoking is generally allowed in a rented apartment. Excessive smoking in the tenant apartment can lead to claims for damages due to excessive use of the rented property. Smokers are obliged to reimburse the cost of decoration work when moving out if heavy smoking caused discoloration and peeling of wallpaper and a tobacco smell stuck in the apartment. There is also a claim for damages if the unpleasant smell caused by smoking cannot be eliminated by simply ventilating the room when moving out.

The Federal Court of Justice, on the other hand, found that smoking in the apartment was part of the contractual use and could therefore in principle not result in any claims for damages unless the smoking ban was expressly agreed in the rental agreement. On the other hand, the Federal Court of Justice has expressly left open whether, as an exception, use of the apartment that is no longer covered by the contractual use is to be assumed if there is "excessive" smoking.

Smoking in the stairwell may be prohibited by the landlord. On the other hand, adverse effects from passive smoking during short stays in the stairwell or elevator are reasonable. The basement, like the stairwell, is shared. Since the tenant's right to smoke is considered less worthy of protection due to his shorter stay in common rooms, a smoking ban on the part of the landlord may also be extended to the basement.

If, due to the special construction of a house, tobacco smoke penetrates from a smoker's apartment into another apartment, a rent reduction can be requested due to the health impairment and the unpleasant smell, and extraordinary termination of the rental contract by the tenant is also in such a case (special construction of the house ) justified.

With regard to the annoyance and impairment of health of one tenant by another through smoking on the balcony or at the kitchen window (as of 2007) there is only first instance case law, which is inconsistent, which is why in practice agreements on smoking and ventilation times between the tenants concerned are often preferred is given.

Overview of the smoking bans in individual federal states (table)

state											Remarks
Baden-Württemberg Baden-Württemberg	¹	²	³	^4th	⁵	- ⁶	- ⁶ / (only applies to cinemas) ⁷	^8th	⁹		The Non-Smoking Protection Act does not regulate smoking in: cultural institutions or sports facilities (except as part of a school). It also offers numerous exemptions for restaurants, discotheques, schools as well as state and local authorities and offices.
Bavaria Bavaria	¹⁰	¹¹	¹¹	¹⁰	¹⁰	¹⁰	¹²	¹⁰	¹⁰	¹⁰	Smoking may be permitted in designated rooms of the police authorities and the public prosecutor's offices, provided that interrogations are carried out there and the interrogated person is permitted to smoke by the head of the interrogation in individual cases.
Berlin Berlin	^14th	^14th	^15th	¹³	¹³	¹³	¹⁶	^17th	^17th	¹³
Brandenburg Brandenburg	^21st	^19th	^20th	^21st	^21st	^21st	^21st	^22nd	^22nd	^21st
Bremen Bremen	²³	²⁴	^25th	²³	²³	²³	²³	^26th	^26th	²³
Hamburg Hamburg	²⁷	²⁸	²⁹	^30th	^30th	^30th	^30th	^30th	³¹	^30th
Hesse Hesse	³² ³³	³⁶	³⁵ ³⁴	³⁶	³⁶	³⁶	³⁶	³⁶	³⁷	³⁶	The Hessischer Rundfunk enjoys a special position: smoking is permitted in separate smoking rooms in the buildings.
Mecklenburg-Western Pomerania Mecklenburg-Western Pomerania	³⁸	³⁹	⁴⁰	⁴¹	Schools: ⁴¹ Universities: ³⁸	³⁸	³⁸	³⁸	³⁸		According to § 2 (1) NichtRSchutzG MV, smoking areas can be set up in all buildings and facilities. Schools (except universities) and all-day childcare facilities are excluded from this.
Lower Saxony Lower Saxony	⁴²	⁴³	⁴⁴ ⁴²	⁴⁵	Schools: ⁴⁵ Universities: ⁴²	⁴⁵	⁴²	⁴²	⁴²		According to § 4 NiRSG, a municipality can impose a smoking ban on public playgrounds.
North Rhine-Westphalia North Rhine-Westphalia	⁴⁶	⁴⁷	⁴⁸	⁴⁶	⁴⁶	⁴⁶	⁴⁶	⁴⁶	⁴⁶	⁴⁶	North Rhine-Westphalia has one of the strictest non-smoking laws in Germany.
Rhineland-Palatinate Rhineland-Palatinate	⁴⁹	⁵⁰	⁵¹	⁵²	⁴⁹	⁴⁹	⁵³	⁵⁴	⁵⁴	⁴⁹
Saarland Saarland	⁵⁵	⁵⁶	⁵⁶	⁵⁷	⁵⁷	⁵⁷	⁵⁷	⁵⁷	⁵⁷	⁵⁷
Saxony Saxony	⁵⁸	⁵⁸	⁵⁸	⁵⁹	⁵⁹	⁵⁹	⁵⁹	⁶⁰	⁶⁰	⁵⁹
Saxony-Anhalt Saxony-Anhalt	⁶³	⁶²	⁶² ⁶³	⁶¹	Schools: ⁶¹ Universities: ⁶³	⁶¹	⁶¹	⁶³	⁶³	⁶¹
Schleswig-Holstein Schleswig-Holstein	⁶⁴	⁶⁵	⁶⁵	⁶⁴	⁶⁴	⁶⁴	⁶⁴	⁶⁶	⁶⁶	⁶⁴
Thuringia Thuringia	⁶⁹	⁶⁸	⁶⁸	⁶⁷	⁶⁷	⁶⁷	⁶⁷	⁶⁹	⁶⁹	⁶⁷

Exceptions and comments for Baden-Württemberg :

¹	Exceptions can be made for special events. There is a general exception for locked rooms.
²	Smoking is permitted in cells that are exclusively occupied by smokers. Further exceptions can be made in closed rooms or at special events.
³	Exceptions apply to patients: in palliative medicine, in psychiatric treatment, through a court-ordered placement in a closed ward or to fulfill the therapeutic goal (addiction treatment). A separate smoking room for employees can be set up after consultation with the clinic management. Smoking in closed rooms of care facilities can be permitted if these are used or inhabited exclusively by smokers or with the consent of the residents.
^4th	Absolute smoking ban with no exceptions.
⁵	This does not apply to apartments that are wholly or partially located on the school premises. In addition, the general teachers 'conference can, with the consent of the school conference and after hearing the parents' council and the student's joint responsibility, allow adult students from grade 11 or the corresponding classes of the vocational schools as well as for teachers working there smoking areas outside of school buildings in the outer area of the school premises for one school year.
^6th	Is not covered by the legal ban on smoking. There may be restrictions if it is part of a school facility.
^7th	Since in Baden-Württemberg the smoking ban applies in all public spaces in which food or drinks are served for consumption on the spot, the smoking ban also applies in all cinemas, as the mentioned criterion inevitably applies to cinemas. This was confirmed on request by the Tübingen regional council and the responsible ministry.
^8th	Exceptions for discotheques only exist for completely separated side rooms without a dance floor and if access is restricted to people over the age of 18 and the side rooms are clearly marked as smoking rooms.
⁹	Exceptions for restaurants exist in the case of completely separated side rooms, if these rooms are clearly marked as smoking rooms. In addition, exceptions apply in restaurants with less than 75 m² guest area and without a separate adjoining room, if no or only cold meals of a simple kind are served on the spot, people under the age of 18 are denied access and the restaurant is at the entrance area is clearly marked as a smoking restaurant.

Exceptions and comments for Bavaria :

¹⁰	Absolute smoking ban with no exceptions.
¹¹	Exceptions exist for patients in palliative care; and in psychiatric hospitals smoking can be permitted in an adjoining room on each ward. In addition, the head of a correctional facility can allow smoking in common areas.
¹²	Exceptions apply to artistic performances in which smoking as part of the performance is an expression of artistic freedom.

Exceptions and comments for Berlin :

¹³	Absolute smoking ban with no exceptions.
^14th	Exceptions apply to specially designated rooms in a penal institution and in custody for deportation in the cells of the prisoners and detainees awaiting deportation and in other specially designated rooms, in specially designated waiting areas in court buildings and in specially designated waiting and interrogation areas in police stations.
^15th	Exceptions apply to designated rooms in a psychiatric hospital or a rehab facility as well as to rooms in health facilities, especially in psychiatry and palliative care, for patients to whom the treating physicians allow smoking for therapeutic reasons. In addition, exceptions apply in designated rooms from inpatient facilities or facilities for the disabled.
¹⁶	Exceptions apply to artistic performances in which smoking as part of the performance is an expression of artistic freedom.
^17th	Exceptions apply to: Restaurants that are clearly marked as Shisha restaurants in the entrance area from the outside. Children and young people under the age of 18 are not allowed to stay. Restaurants that have set up designated and completely separated smoking rooms. These rooms may not be connected to the dance floor in discos. In catering establishments that consist of one room and whose guest area, including the bar area accessible to the guest, is less than 75 m² and in which prepared meals are not served or are only served as a secondary service, smoking is permitted, provided that people under the age of 18 are not allowed to have. Club restaurants that are run as smoking restaurants. Children and young people under the age of 18 are not allowed to stay. Restaurants (and discos) that have a smoking room in addition to a non-smoking room. Children and young people under the age of 18 are not allowed to stay.

Exceptions and comments for Brandenburg :

^18th	Exceptions exist in rooms of the police custody, in which the head of the department allows those detained to smoke in order to maintain the proper operation of the custody, as well as interrogation rooms of the police, in which the head of the department allows the persons to be questioned to smoke in order to ensure that the interrogations proceed properly.
^19th	Exempt from the smoking ban are in penal institutions and detention centers in the cells and in the areas in which the management of the institution permits smoking in order to maintain the proper operation of the institution.
^20th	Exempted from the smoking ban are facilities for the enforcement of measures in the patient rooms and in the areas in which the management of the facility permits smoking in order to maintain the orderly hospital operation, as well as in specially designated rooms in health facilities, in particular in psychiatry and palliative care, for patients who the attending physicians allow smoking for therapeutic reasons and in the rooms of homes or educational support facilities in accordance with Section 34 of Book Eight of the Social Security Code, which are left to residents for private use; in homes also in specially designated rooms in which the home management permits smoking for residents and their relatives.
^21st	Absolute smoking ban with no exceptions.
^22nd	There are exceptions for restaurants: Restaurants can offer a separate smoking room if it is well ventilated and inaccessible to children and young people under 18 years of age. If it is a restaurant with a dining area of less than 75 m², which does not offer any prepared meals and people under the age of 18 are not allowed to enter. Discotheques if the adjoining room is not connected to the dance floor and children and young people under the age of 18 generally have no access to the discotheque.

Exceptions and comments for Bremen :

²³	Absolute smoking ban with no exceptions.
²⁴	Exempt from the ban on smoking are cells that are provided for sole use and in completely enclosed rooms in which the facility management permits smoking.
^25th	The smoking ban does not apply to rooms for patients who are in the area of palliative medicine, who are undergoing psychiatric treatment or who have been placed in a closed department of the hospital due to a court order, or where the prohibition of smoking is contrary to the therapeutic goal. The treating doctor decides on a case-by-case basis.
^26th	Designated and completely separated smoking rooms can be set up in restaurants. These rooms may not be connected to the dance floor in discos. In catering establishments that consist of one room and whose guest area, including the bar area accessible to the guest, is less than 75 m² and in which prepared meals are not served or are only served as a secondary service, smoking is permitted, provided that people under the age of 18 are not allowed to have.

Exceptions and comments for Hamburg :

²⁷	Exceptions exist in rooms of the police custody, in which the head of the department allows those detained to smoke in order to maintain the proper operation of the custody, as well as interrogation rooms of the police, in which the head of the department allows the persons to be questioned to smoke in order to ensure that the interrogations proceed properly.
²⁸	Exempt from the ban on smoking are rooms that are used for smoking if all roommates agree to live together. However, the approval of the head of the facility must be given.
²⁹	Exempt from the smoking ban for compelling conceptual or therapeutic reasons.
^30th	Absolute smoking ban with no exceptions.
³¹	There are exceptions for restaurants: Restaurants can offer a separate smoking room if it is well ventilated, inaccessible to children and young people under the age of 18, and the room is smaller than the rest of the guest area. If it is a restaurant with a dining area of less than 75 m² that does not offer any prepared meals and does not have a corresponding permit in accordance with Section 3 of the Catering Act and people under the age of 18 are not allowed to enter.

Exceptions and comments for Hessen :

³²	Completely separated smoking rooms are excluded from the general ban on smoking if their condition does not affect other people through their smoke.
³³	Exempt from the general ban on smoking are designated interrogation rooms of police authorities and public prosecutors if the person in charge of the interrogation allows smoking in individual cases. This applies accordingly to judicial interrogations.
³⁴	Exempt from the general ban on smoking are rooms that are used for residential purposes and are left to the residents for exclusive use.
³⁵	The general ban on smoking does not apply to patients, hospitals or clinics if smoking is considered part of medical treatment.
³⁶	Absolute smoking ban with no exceptions.
³⁷	The smoking ban does not apply: in completely separated side rooms of restaurants. in restaurants with less than 75 m² guest area and without a completely separated adjoining room, if no or only cold and simply prepared warm meals are served. in restaurants and completely separated adjoining rooms, if only individually specific people are catered for on the basis of a personal invitation by the organizer, other people are not permitted access and the event is not for commercial purposes (closed society). in marquee tents that are only operated temporarily, for a maximum of 21 consecutive days at one location. in casinos within the meaning of the Hessian Casino Act of November 15, 2007 (GVBl. I p. 753), amended by the law of September 27, 2012 (GVBl. p. 290).

Exceptions and comments for Mecklenburg-Western Pomerania :

³⁸	It is possible to introduce separate smoking areas. In catering establishments that consist of one room and whose guest area, including the bar area accessible to the guest, is less than 75 m² and in which prepared meals are not served or are only served as a secondary service, smoking is permitted, provided that people under the age of 18 are not allowed to have.
³⁹	The smoking ban does not apply in: Prisons for the prisoners' cells or in patient rooms of facilities for the penal system.
⁴⁰	The smoking ban does not apply to users of patient rooms and living spaces in buildings that have been given to them for their sole use or who have been given permission in particular on the basis of medical, therapeutic or conceptual indications.
⁴¹	Absolute smoking ban with no exceptions. (in conjunction with: Section 45, Paragraph 1 of Book Eight of the Social Code)

Exceptions and comments for Lower Saxony :

⁴²	Exceptions exist for completely separated smoking rooms, which are also marked as such. In addition, exceptions apply in restaurants with less than 75 m² guest area and without a separate adjoining room, if no or only cold meals of a simple kind are served on the spot, people under the age of 18 are denied access and the restaurant is at the entrance area is clearly marked as a smoking restaurant.
⁴³	The smoking ban does not apply in detention and interrogation rooms of the correctional facilities and the police.
⁴⁴	The smoking ban does not apply in patient rooms of facilities in which people are accommodated on the basis of a court decision, as well as the rooms of homes and facilities for palliative care that are left to residents for private use. Also excluded are rooms in which the attending physician allows a patient to smoke in individual cases because a smoking ban would jeopardize the achievement of the therapy goal or the patient cannot leave the hospital.
⁴⁵	Absolute smoking ban with no exceptions.

Exceptions and comments for North Rhine-Westphalia :

⁴⁶	Absolute smoking ban with no exceptions.
⁴⁷	Prison rooms are exempt from the smoking ban. If several inmates are housed in one cell and one of the inmates is a non-smoker, the smoking ban will come back into force.
⁴⁸	Smoking rooms can also be set up in inpatient care facilities, assistance for the disabled and assistance for the homeless / at risk. The smoking ban does not apply if the patient is in palliative or psychiatric treatment, is staying in a closed department of the hospital due to a court order or where the prohibition of smoking is contrary to the therapeutic goal. The treating doctor decides on a case-by-case basis.

Exceptions and comments for Rhineland-Palatinate :

⁴⁹	Absolute smoking ban with no exceptions.
⁵⁰	Prisons in designated rooms as well as in detention or accommodation rooms are exempt from the smoking ban if all inmates agree that smoking is allowed. Separate smoking areas can be set up in rooms where migrants are accommodated together.
⁵¹	Smoking is strictly forbidden in all hospitals, preventive and rehabilitation facilities, homes for the elderly, nursing homes and semi-inpatient or inpatient facilities. The following are excluded: Patients who are in the facility due to a court-ordered placement or psychiatric treatment (also in the case of mentally ill patients), treatment in the field of palliative medicine, for whom a smoking ban would conflict with the therapeutic goal, in patients who are compulsorily housed in accordance with the Infection Protection Act. Separate smoking rooms can be set up for patients or residents in homes for the elderly, nursing homes and semi-inpatient or inpatient facilities. The smoking ban does not apply to rooms used privately for residential purposes.
⁵²	The management of the facility can allow users of the facility to smoke "if a smoking ban is not conceptually justifiable due to the facility's tasks."
⁵³	The smoking ban does not apply to the performers in artistic performances where smoking as part of the performance is an expression of artistic freedom.
⁵⁴	The following applies to restaurants: if this only has one guest room and the floor space is less than 75 m², and no or only simply prepared food for consumption is served on the spot as a minor ancillary service and is informed by clearly perceptible notices, especially in the entrance area of the restaurant, it can be used as a smoking place be guided. if this has one or more separate adjoining rooms, smoking may be permitted in these adjoining rooms - this does not apply to rooms with dance floors. if these are exclusively closed, non-commercial, privately owned companies, smoking may be permitted if requested by the organizers - this does not apply to events organized by clubs or other associations. if it is a marquee that is operated at one location for a maximum of 21 consecutive days, the operator may permit smoking.

Exceptions and comments for the Saarland :

⁵⁵	Separate and clearly marked rooms are excluded from the smoking ban.
⁵⁶	The smoking ban does not apply in the cells of the prisoners left for personal use and in the rooms of the patients of the penal system as well as designated areas of the facilities of the penal system. in homes, hospices and other facilities for palliative care in the rooms that are made available to the residents for personal use as well as in buildings, parts of buildings or other closed rooms and on property of institutions, insofar as they are made available for residential or overnight purposes. It must not be a meeting, work or social room. This regulation also applies to facilities for the elderly, the disabled, social psychiatry, for facilities for professional employment, training and qualification of adults, for women's shelters as well as inpatient and open facilities for homeless people. Sentence 1 does not apply to those facilities within the meaning of Section 2 (1) that also fall under Section 2 (1) Nos. 2 and 4 letters a) to d).
⁵⁷	Absolute smoking ban with no exceptions.

Exceptions and comments for Saxony :

⁵⁸	Separate smoking rooms are permitted in: Hospitals as well as preventive and rehabilitation facilities in which the treating doctor allows the patient to smoke in individual cases because a smoking ban endangers the achievement of the therapeutic goal or the patient cannot leave the building. Palliative medicine facilities. Institutions of the penal system in which the management of the institution permits this. Homes within the meaning of the Home Act and facilities for disabled people, in which the management of the facility allows this. Prisons and penal institutions for young people. designated rooms of the police authorities and the public prosecutor's offices, insofar as interrogations are carried out there and the interrogated person is permitted to smoke by the head of the interrogation in individual cases; The same applies in designated rooms of the courts for interrogations by the investigating judge, as well as in rooms for custody.
⁵⁹	Absolute smoking ban with no exceptions.
⁶⁰	Exceptions exist for: Separate side rooms of restaurants, which are marked as smoking rooms, to which minors are not allowed. One-room restaurants with less than 75 m² guest area, which are marked as smoking restaurants in the entrance area, to which minors are not permitted. Restaurants and separate side rooms of restaurants, in closed societies. Separate side rooms of casinos and gambling halls marked as smoking rooms. One-room play halls with less than 75 m² guest area, which are marked as smoking play areas in the entrance area.

Exceptions and comments for Saxony-Anhalt :

⁶¹	Absolute smoking ban with no exceptions.
⁶²	The smoking ban does not apply: in buildings, rooms and on land, insofar as they are used for private purposes for residential purposes. in apartments or rooms in dormitories that are connected to a hospital or a rehabilitation facility and are made available to the residents for sole use. in the rooms of stationary facilities within the meaning of the Housing and Participation Act, which are left to the residents for sole use. in correctional facilities for the detention rooms of the inmates. in patient rooms in institutions of the penal system.
⁶³	Smoking rooms can be set up: in hotels, catering, regardless of the concession, shopping centers and other buildings or rooms in which such services are provided. In owner-managed restaurants, which consist of one room and whose guest area, including the bar area accessible to guests, is less than 75 m² and in which prepared meals are not served or are only served as a secondary service, smoking is permitted, provided that no persons under 18 years of age Have access. In discotheques to which people under the age of 18 are not allowed, smoking rooms may be created, provided that dancing is prohibited in this room. The prerequisite for this is such a spatially effective separation that a hazard from passive smoking is prevented and the protective purpose of this law is not impaired. in buildings of the state's public administration that serve to accommodate an authority or institution, a court, an office, foundation, institution or corporation under public law, and the state parliament of Saxony-Anhalt. in inpatient facilities within the meaning of the Housing and Participation Act. in educational institutions such as technical colleges, colleges, universities and adult education institutions, regardless of the sponsorship, including associated dormitories.

Exceptions and comments for Schleswig-Holstein :

⁶⁴	Absolute smoking ban with no exceptions.
⁶⁵	The smoking ban does not apply: for rooms that are left to residents for sole use for residential or overnight purposes. For hospitals as well as preventive and rehabilitation facilities as well as homes, the management of the facility can allow exceptions to the smoking ban in individual cases on the basis of medical or therapeutic reasons. in tents for traditional and festive events that are only operated temporarily, at most on 21 consecutive days per calendar year at one location.
⁶⁶	Exceptions apply to: Restaurants in closed adjoining rooms where smoking is permitted. The prerequisite for this is: a structural separation, as well as that access is denied to persons under the age of 18. Restaurants in which separate event rooms can be used as ancillary rooms, in which smoking is then permitted. Restaurants with a guest area of less than 75 m² that do not offer prepared meals and do not have a corresponding permit in accordance with Section 3 GastG, do not have a separate adjoining room and to which access is denied to persons under the age of 18 - these can be run as pure smoking establishments .

Exceptions and comments for Thuringia :

⁶⁷	Absolute smoking ban with no exceptions.
⁶⁸	The smoking ban does not apply: for casinos and gambling halls. for rooms that are used for residential or overnight purposes and are left to the residents for sole use. This includes in particular single patient rooms in institutions of the penal system as well as single rooms in homes. The smoking ban also does not apply to rooms that are made available to third parties for private or commercial use. if the head of health facilities grants a separate exception.
⁶⁹	Exceptions apply to: Authorities, offices and other institutions of the state and municipalities as well as restaurants - in which structurally separated smoking rooms can be set up that are constantly ventilated. One-room restaurants with less than 75 m² guest area, which are marked as smoking restaurants in the entrance area, to which minors are not permitted.

References and comments

↑ https://www.krebshilfe.de/informieren/presse/pressemitteilungen/tabakkontrollskala-deutschland-belegt-letzt-platz/
↑ VGl. for example: no smoking on trains . In: Prussian and Hessian Railway Directorate in Mainz (ed.): Official Gazette of the Prussian and Hessian Railway Directorate in Mainz of July 10, 1920, No. 42. Announcement No. 654, p. 367.
↑ Medical Clinic 66 (1971), No. 16, p. 608.
^ Text and amendments to the First Act amending the Provisional Tobacco Act
↑ deutsche-apotheker-zeitung.de: Bundestag adopts tobacco advertising ban ; AZ 2006, No. 46, 11/13/2006
↑ C. Thiesen: The ashtrays are gone. ( Memento from May 18, 2015 in the Internet Archive ) In: Märkische Oderzeitung . January 4, 2008.
↑ German Cancer Research Center (2011) Perspectives for Germany: The WHO Framework Convention on Tobacco Control. WHO Framework Convention on Tobacco Control (FCTC). Heidelberg
↑ The Tobacco Control Scale 2016 in Europe, 2017. p. 8
↑ German fight against tobacco consumption too lax . In: Ärzte Zeitung , May 29, 2015.
^ Bahnhof.de ( Memento from April 4, 2015 in the Internet Archive ) House rules of the Deutsche Bahn on Bahnhof.de
↑ This specification to the effect that the protection of non-smokers usually requires a smoking ban, was made by the law on protection against the dangers of passive smoking of July 20, 2007.
↑ Federal Labor Court, judgment of May 19, 2009 - 9 AZR 241/08
↑ This results from the introductory clause of § 87 BetrVG in connection with § 5 Abs. 1 ArbStättV
↑ for example in hospitals in North Rhine-Westphalia according to the NRW Non-Smoking Protection Act
↑ ^a ^b Rhineland-Palatinate Non-Smoking Protection Act of October 5, 2007, Section 4
↑ Judgments of July 30, 2008 - 1 BvR 3262/07, 1 BvR 402/08 and 1 BvR 906/08 -
↑ to the extent that the discotheques only allow access to people over the age of 18 and smoking is only permitted in a fully separated adjoining room that is clearly marked as a smoking room and where there is no dance floor
↑ The guest area of the restaurant must be smaller than 75 square meters, no food may be offered and people under the age of 18 must be denied access. In addition, the restaurant in the entrance area must be marked as a smoker's restaurant to which people under the age of 18 are not allowed
^ Law Gazette for Baden-Württemberg: Law amending the State Non-Smoking Protection Act. (PDF; 68 kB) Accessed August 29, 2012 .
↑ Law and Ordinance Gazette for Berlin: First law to amend the Non-Smoking Protection Act. (PDF; 832 kB) Archived from the original on February 17, 2015 ; Retrieved August 29, 2012 .
↑ SächsVGH, decision of November 20, 2008 - Vf. 63-IV-08 (HS) (PDF; 72 kB).
↑ Decision in Rhineland-Palatinate: Smoking is allowed here! SZ of May 17, 2010
↑ Smoke-free sports facilities - legal measures urgently required in Germany ( Memento of July 17, 2007 in the Internet Archive ) (PDF). German Cancer Research Center, 2007.
^ LG Cologne, Az. 9 S 188/98; LG Paderborn, Az. 1 S 2/00.
^ AG Magdeburg, U. v. April 19, 2000, Az. 17 C 3320/99 in: WM 2000, p. 303.
^ Tuttlingen District Court, U. v. May 19, 1999, Az. 1 C 52/99, in: MDR 1999, p. 992.
^ AG Rosenheim, Az. 16 C 1946/93.
↑ ZR 124/05.
^ AG Hannover, U. v. January 31, 2000, Az. 70 II 414/99.
^ AG Munich, Az. 2 Z BR 105/98.
↑ Nicolas Gerth: Smoking is allowed in the apartment - stairs and cellars are taboo! October 5, 2016, accessed June 24, 2019 (German).
^ AG Stuttgart-Bad Cannstatt, Az. 6 C 1711/97.
^ LG Stuttgart, U. v. May 27, 1998, Az. 5 S 421/97, in: WuM 1998, p. 724.
↑ ^a ^b State Non-Smoking Protection Act (LNRSchG). § 5. juris GmbH, August 1, 2007, accessed on February 15, 2015 .
↑ State Non-Smoking Protection Act (LNRSchG). § 6. juris GmbH, August 1, 2007, accessed on February 15, 2015 .
↑ State Non-Smoking Protection Act (LNRSchG). § 4. juris GmbH, August 1, 2007, accessed on February 15, 2015 .
↑ State Non-Smoking Protection Act (LNRSchG). § 2. juris GmbH, August 1, 2007, accessed on February 15, 2015 .
↑ ^a ^b State Non-Smoking Protection Act (LNRSchG). § 7. juris GmbH, August 1, 2007, accessed on February 15, 2015 .
↑ ^a ^b ^c Law for the Protection of Health. (PDF) (Health Protection Act - GSG). ABNR.de, August 1, 2010, accessed on December 3, 2019 .
↑ ^a ^b ^c ^d ^e Law on the Protection against the Dangers of Passive Smoking in Public. (Non-Smoking Protection Act - NRSG). www.berlin.de, May 28, 2009, accessed on September 2, 2017 .
↑ ^a ^b ^c ^d ^e Law on the Protection against the Dangers of Passive Smoking in Public. (Brandenburg Non Smoking Protection Act - BbgNiRSchG). bravors.brandenburg.de, accessed February 15, 2015 .
↑ ^a ^b ^c ^d Bremen Non-Smoking Protection Act. (PDF) (BremNiSchG). Gesundheit.bremen.de, December 16, 2008, accessed on September 2, 2017 .
↑ ^a ^b ^c ^d ^e Hamburg law on protection against the dangers of passive smoking in public. (PDF) (Hamburg Passive Smoking Protection Act - HmbPSchG). Landesrecht - Justiz - Portal Hamburg, July 11, 2007, accessed on May 2, 2020 .
↑ ^a ^b ^c ^d ^e Law on the protection against the dangers of passive smoking. (Hessian Non-Smoking Protection Act - HessNRSG). lexsoft.de, accessed on February 15, 2015 .
↑ Law on the protection against the dangers of passive smoking. (Hessian Non-Smoking Protection Act - HessNRSG). lexsoft.de, accessed on February 15, 2015 .
↑ ^a ^b ^c Mecklenburg-Western Pomerania Non-Smoking Protection Act. (PDF) (NichtRSchutzG MV). http://www.landesrecht-mv.de/ , accessed on September 2, 2017 .
↑ ^a ^b ^c ^d Lower Saxony law on protection against the dangers of passive smoking. (PDF) Lower Saxony Non-Smoking Protection Act (Nds. NiRSG). www.ms.niedersachsen.de, accessed on September 2, 2017 .
↑ ^a ^b ^c Law on the protection of non-smokers in North Rhine-Westphalia. (Non-Smoking Protection Act NRW - NiSchG NRW). Rechtsfragen-jugendarbeit.de, accessed on February 15, 2015 .
↑ ^a ^b ^c ^d ^e Rhineland-Palatinate Non-Smoking Protection Act. (PDF) 212-2. (No longer available online.) Lsjv.rlp.de, archived from the original on February 16, 2015 ; accessed on February 15, 2015 .
↑ ^a ^b ^c Law on the protection against the dangers of passive smoking. (Non-Smoking Protection Act) No. 1637. juris GmbH, accessed on February 15, 2015 .
↑ ^a ^b ^c Law on the protection against the dangers of passive smoking. (PDF) Law for the protection of non-smokers in the Free State of Saxony (Saxon Non-Smoking Protection Act-SächsNSG). (No longer available online.) Dehoga-sachsen.de, archived from the original on February 16, 2015 ; accessed on February 15, 2015 .
↑ ^a ^b ^c Law for the protection of non-smokers in the state of Saxony-Anhalt (Non-smoker protection law). NRauchSchG ST. landesrecht.sachsen-anhalt.de, accessed on February 15, 2015 .
↑ ^a ^b ^c Law on the protection against the dangers of passive smoking. NRauchSchG SH. gesetze-rechtsprechung.sh.juris.de, accessed on February 15, 2015 .
↑ ^a ^b ^c Thuringian law for protection against the dangers of passive smoking. (Thuringian Non-Smoking Protection Act - ThürNRSchutzG-). thueringen.de, accessed on September 2, 2017 .

[1] ttps://www.krebshilfe.de/informieren/presse/pressemitteilungen/tabakkontrollskala-deutschland-belegt-letzt-platz/

[2] VGl. for example: no smoking on trains . In: Prussian and Hessian Railway Directorate in Mainz (ed.): Official Gazette of the Prussian and Hessian Railway Directorate in Mainz of July 10, 1920, No. 42. Announcement No. 654, p. 367.

[3] Medical Clinic 66 (1971), No. 16, p. 608.

[4] Text and amendments to the First Act amending the Provisional Tobacco Act

[5] utsche-apotheker-zeitung.de: Bundestag adopts tobacco advertising ban ; AZ 2006, No. 46, 11/13/2006

[6] C. Thiesen: The ashtrays are gone. ( Memento from May 18, 2015 in the Internet Archive ) In: Märkische Oderzeitung . January 4, 2008.

[7] German Cancer Research Center (2011) Perspectives for Germany: The WHO Framework Convention on Tobacco Control. WHO Framework Convention on Tobacco Control (FCTC). Heidelberg

[8] The Tobacco Control Scale 2016 in Europe, 2017. p. 8

[9] German fight against tobacco consumption too lax . In: Ärzte Zeitung , May 29, 2015.

[10] Bahnhof.de ( Memento from April 4, 2015 in the Internet Archive ) House rules of the Deutsche Bahn on Bahnhof.de

[11] This specification to the effect that the protection of non-smokers usually requires a smoking ban, was made by the law on protection against the dangers of passive smoking of July 20, 2007.

[12] Federal Labor Court, judgment of May 19, 2009 - 9 AZR 241/08

[13] This results from the introductory clause of § 87 BetrVG in connection with § 5 Abs. 1 ArbStättV

[14] r example in hospitals in North Rhine-Westphalia according to the NRW Non-Smoking Protection Act

[rp-15] Rhineland-Palatinate Non-Smoking Protection Act of October 5, 2007, Section 4

[BundesVerfassungsgericht2008-07-20-16] Judgments of July 30, 2008 - 1 BvR 3262/07, 1 BvR 402/08 and 1 BvR 906/08 -

[17] to the extent that the discotheques only allow access to people over the age of 18 and smoking is only permitted in a fully separated adjoining room that is clearly marked as a smoking room and where there is no dance floor

[18] The guest area of the restaurant must be smaller than 75 square meters, no food may be offered and people under the age of 18 must be denied access. In addition, the restaurant in the entrance area must be marked as a smoker's restaurant to which people under the age of 18 are not allowed

[19] Law Gazette for Baden-Württemberg: Law amending the State Non-Smoking Protection Act. (PDF; 68 kB) Accessed August 29, 2012 .

[20] Law and Ordinance Gazette for Berlin: First law to amend the Non-Smoking Protection Act. (PDF; 832 kB) Archived from the original on February 17, 2015 ; Retrieved August 29, 2012 .

[SächsVGH-21] SächsVGH, decision of November 20, 2008 - Vf. 63-IV-08 (HS) (PDF; 72 kB).

[22] Decision in Rhineland-Palatinate: Smoking is allowed here! SZ of May 17, 2010

[23] Smoke-free sports facilities - legal measures urgently required in Germany ( Memento of July 17, 2007 in the Internet Archive ) (PDF). German Cancer Research Center, 2007.

[24] LG Cologne, Az. 9 S 188/98; LG Paderborn, Az. 1 S 2/00.

[25] AG Magdeburg, U. v. April 19, 2000, Az. 17 C 3320/99 in: WM 2000, p. 303.

[26] Tuttlingen District Court, U. v. May 19, 1999, Az. 1 C 52/99, in: MDR 1999, p. 992.

[27] AG Rosenheim, Az. 16 C 1946/93.

[28] ZR 124/05.

[29] AG Hannover, U. v. January 31, 2000, Az. 70 II 414/99.

[30] AG Munich, Az. 2 Z BR 105/98.

[31] Nicolas Gerth: Smoking is allowed in the apartment - stairs and cellars are taboo! October 5, 2016, accessed June 24, 2019 (German).

[32] AG Stuttgart-Bad Cannstatt, Az. 6 C 1711/97.

[33] LG Stuttgart, U. v. May 27, 1998, Az. 5 S 421/97, in: WuM 1998, p. 724.

[BW_§ 5-34] State Non-Smoking Protection Act (LNRSchG). § 5. juris GmbH, August 1, 2007, accessed on February 15, 2015 .

[BW_§ 6-35] State Non-Smoking Protection Act (LNRSchG). § 6. juris GmbH, August 1, 2007, accessed on February 15, 2015 .

[BW_§ 4-36] State Non-Smoking Protection Act (LNRSchG). § 4. juris GmbH, August 1, 2007, accessed on February 15, 2015 .

[BW_§ 2-37] State Non-Smoking Protection Act (LNRSchG). § 2. juris GmbH, August 1, 2007, accessed on February 15, 2015 .

[BW_§ 7-38] State Non-Smoking Protection Act (LNRSchG). § 7. juris GmbH, August 1, 2007, accessed on February 15, 2015 .

[BY_GSG-39] Law for the Protection of Health. (PDF) (Health Protection Act - GSG). ABNR.de, August 1, 2010, accessed on December 3, 2019 .

[BE_NRSG-40] Law on the Protection against the Dangers of Passive Smoking in Public. (Non-Smoking Protection Act - NRSG). www.berlin.de, May 28, 2009, accessed on September 2, 2017 .

[BbgNiRSchG-41] Law on the Protection against the Dangers of Passive Smoking in Public. (Brandenburg Non Smoking Protection Act - BbgNiRSchG). bravors.brandenburg.de, accessed February 15, 2015 .

[HB_BremNiSchG-42] Bremen Non-Smoking Protection Act. (PDF) (BremNiSchG). Gesundheit.bremen.de, December 16, 2008, accessed on September 2, 2017 .

[HB_HmbPSchG-43] Hamburg law on protection against the dangers of passive smoking in public. (PDF) (Hamburg Passive Smoking Protection Act - HmbPSchG). Landesrecht - Justiz - Portal Hamburg, July 11, 2007, accessed on May 2, 2020 .

[HessNRSG_Ausnahmen-44] Law on the protection against the dangers of passive smoking. (Hessian Non-Smoking Protection Act - HessNRSG). lexsoft.de, accessed on February 15, 2015 .

[HessNRSG_Verbot-45] Law on the protection against the dangers of passive smoking. (Hessian Non-Smoking Protection Act - HessNRSG). lexsoft.de, accessed on February 15, 2015 .

[NichtRSchutzG_M-V-46] Mecklenburg-Western Pomerania Non-Smoking Protection Act. (PDF) (NichtRSchutzG MV). http://www.landesrecht-mv.de/ , accessed on September 2, 2017 .

[Nds._NiRSG-47] Lower Saxony law on protection against the dangers of passive smoking. (PDF) Lower Saxony Non-Smoking Protection Act (Nds. NiRSG). www.ms.niedersachsen.de, accessed on September 2, 2017 .

[NiSchG-48] Law on the protection of non-smokers in North Rhine-Westphalia. (Non-Smoking Protection Act NRW - NiSchG NRW). Rechtsfragen-jugendarbeit.de, accessed on February 15, 2015 .

[212-2-49] Rhineland-Palatinate Non-Smoking Protection Act. (PDF) 212-2. (No longer available online.) Lsjv.rlp.de, archived from the original on February 16, 2015 ; accessed on February 15, 2015 .

[Nr._1637-50] Law on the protection against the dangers of passive smoking. (Non-Smoking Protection Act) No. 1637. juris GmbH, accessed on February 15, 2015 .

[SächsNSG-51] Law on the protection against the dangers of passive smoking. (PDF) Law for the protection of non-smokers in the Free State of Saxony (Saxon Non-Smoking Protection Act-SächsNSG). (No longer available online.) Dehoga-sachsen.de, archived from the original on February 16, 2015 ; accessed on February 15, 2015 .

[NRauchSchG_ST-52] Law for the protection of non-smokers in the state of Saxony-Anhalt (Non-smoker protection law). NRauchSchG ST. landesrecht.sachsen-anhalt.de, accessed on February 15, 2015 .

[NRauchSchG_SH-53] Law on the protection against the dangers of passive smoking. NRauchSchG SH. gesetze-rechtsprechung.sh.juris.de, accessed on February 15, 2015 .

[ThürNRSchutzG-54] Thuringian law for protection against the dangers of passive smoking. (Thuringian Non-Smoking Protection Act - ThürNRSchutzG-). thueringen.de, accessed on September 2, 2017 .