The Ban on Tobacco Vending Machines in Belgium: Impact, Reactions, and Legal Challenges

2023-11-23 15:42:52

The Constitutional Court judges that this measure is reasonably justified having regard to the significant risks to public health which accompany the wide availability of tobacco products, as well as the attractiveness exerted by these vending machines and their accessibility.

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The ban contained in a law of November 29, 2022 will apply from December 9. This targets tobacco distributors in the Horeca sector.

The Timani company, the largest distributor of these automatic devices in the hospitality sector in Belgium, has lodged an appeal with the Constitutional Court. She invoked freedom of enterprise and the right to property. The measure would imply that it ceases its activities since it does not carry out any other activities. The implementation period also seems too short. She is therefore requesting compensation.

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The Court dismissed it.

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