Germany's highest court rules against smoking ban

The Karlsruhe-based Federal Constitutional Court said smallbars were at an unfair disadvantage due to the ban, renderingit in breach of the constitution. The measures came into effectin most of Germany's 16 states at the start of the year.

The ruling upheld a complaint lodged by the owners of twosmall bars in Berlin and a disco operator in the southwesternstate of Baden-Wuerttemberg, who argued the anti-smokinglegislation had put their business at risk.

Almost a third of the population smokes in Germany, wherelighting up became a badge of freedom and tolerance afterHitler's Nazi regime cracked down on the habit in the 1930s.

An attempt by the federal government to introduce anationwide ban failed in 2006, and many bars and restaurants inBerlin flouted the ban when it came into force in January.

Hans-Juergen Papier, the court's president, said the lawwould need to be redrawn by the end of 2009. Until then,smoking should be allowed in bars and restaurants of less than75 square metres that lack a separate smokers' area, he said.

In the case of the disco, the court said the ban should berepealed for discos open only to adults.

As most of Germany's states have similar smoking laws toBerlin and Baden-Wuerttemberg, the ruling is likely to set aprecedent for future complaints.

(Writing by Dave Graham; Editing by Catherine Evans)