Germany


Development of the laws:

Federal level:

On September 1, 2007, smoking was banned in government buildings and public transport and stations. German non-smoker protection legislation (1.9.2007, in German).

In 2008, the Federal States of Berlin and Baden-Württemberg sent claims to the Federal Constitutional Court arguing that a total smokefree ban in restaurants would be against the constitution. On July 30, 2008, the Federal Constitutional Court ruled that 100% smokefree bans (without exceptions) were NOT against the constitution. However, the decision of the Court stressed that if Federal States did not want to introduce 100% smokefree bans, they would need to explain the exemptions to the law before the end of 2009. In any case, to this date, none of the Federal States have chosen to introduce a 100% smokefree ban (January 2009). Read the government page where the claims and the ruling of the court are described.

State level:

Baden-Württemberg (Since August 1, 2007):
- In discotheques: total prohibition
- In pubs and restaurants: allowed in smoker areas
- In tents: no ban
- In schools: prohibited, but allowed if there are voluntary smoker areas set up (just for Gymnasium and Berufsschule: only those schools that have pupils above 18 years old)
- Fine for smoker: €40-150
- Fine for host: --- (claims because of aiding and abetting)
- Smokefree law in Baden-Württemberg

Bayern (Since January 1, 2008):
- Total prohibition
- Private functions can decide for themselves
- Fine for smoker: €5-1000
- Fine for host: €5-1000 BUT a change of the law will come into force on 1. August 2009:
- smoker rooms are allowed
- restaurants and pubs <75 squaremeters don’t have to ban smoking The bright green color of Bavaria will be orange.
- Smokefree law in Bayern

Berlin (Since January 1, 2008):
- Smoking banned in bars and pubs. Exception for smoking rooms without service personnel
- Fine for smoker: up to €100
- Fine for host: up to €1000 Smokefree law in Berlin

Brandenburg (Since January 1, 2008):
- In discotheques: total prohibition
- In pubs and restaurants: smoking allowed in smoker areas
- Fine for smoker: €5-100
- Fine for host: €10-1000
- Smokefree law in Brandenburg

Bremen
- Since August 1, 2007: Smoking ban in schools and hospitals, but smoker areas allowed.
- Since January 1, 2008: Smoking ban for bars and restaurants, discotheques and tents, but smoker areas can be set up. At traditional events, such as Schaffermahl or Kapitänstag, there is no smoking ban.
- Fine for smoker: up to €500
- Fine for host: up to €2500
- Smokefree law in Bremen

Hamburg (Since January 1, 2008):
- Smoking ban in restaurants and bars, not in tents. Smoker areas allowed.
- Fine for smoker: €20–200
- Fine for host: €50-500
- Smokefree law in Hamburg

Hessen (Since October 1, 2007):
- Smoking banned in federal authority buildings, restaurants, bars, discotheques and tents, with exceptions for separate smoker areas.
- Fine for smoker: up to €200
- Fine for host: up to €2500
- Smokefree law in Hessen

Mecklenburg-Vorpommern
- Since August 1, 2007: Smoking ban in schools, hospitals and federal authority buildings, with exceptions for separate smoking areas.
- Since January 1, 2008: Smoking bans for bars and restaurants. Smoking is allowed in separate smoker areas.
- Fine for smoker: up to €500
- Fine for host: up to €10000
- Smokefree law in Mecklenburg-Vorpommern

Niedersachsen (Since August 1, 2008):
- Smoking ban in restaurants, bars, discotheques and tents. In federal authority buildings and schools, smoking ban includes outside areas.
- In hotels and hostels, smoking is allowed if drinks are only served to residents.
- Fine for smoker: €5-1000
- Fine for host: €5-1000
- Smokefree law in Niedersachsen

Nordrhein-Westfalen
- Since January 1, 2008: Smoking ban in federal authority buildings.
- Since July 1, 2008: Smoking ban in restaurants and bars, with exceptions for smoker areas. No smoking ban for tents, and no ban at traditional celebrations, for instance carnival or fair featuring shooting matches, or at private functions.
- Fine for smoker: €5-1000
- Fine for host: €5-1000
- Smokefree law in Nordrhein-Westfalen

Rheinland-Pfalz (Since February 15, 2008):
- Smoking banned in federal authority buildings, with exceptions for separate smoker areas in restaurants, bars and schools.
- Fine for smoker: up to €1000
- Fine for host: up to €1000
- Smokefree law in Rheinland-Pfalz

Saarland (Since February 15, 2008):
- Smoking ban in federal authority buildings and pubs and bars
- Exception for separate smoker areas and bars smaller than 75 square metres with service just from the owner
- No smoking ban in tents
- Fine for smoker: up to €200
- Fine for host: up to €1000
- Smokefree law in Saarland

Sachsen (Since February 1, 2008):
- Smoking ban in federal authority buildings and schools (inclusive of outside areas)
- Smoking ban in bars and restaurants with exception for smoker areas
- Fine for smoker: up to €5000
- Fine for host: up to €5000
- Smokefree law in Sachsen

Sachsen-Anhalt (Since January 1, 2008):
- Smoking banned in bars and restaurants. Exceptions for smoking areas, which can also be the main room of the restaurant/bar.
- Fine for smoker: ---
- Fine for host: up to €5000
- Smokefree law in Sachsen-Anhalt

Schleswig-Holstein (Since January 1, 2008):
- Smoking banned in federal authority buildings, bars and restaurants
- Exceptions for separate smoker areas in restaurants and bars
- No smoking ban in tents
- Fine for smoker: up to €1000
- Fine for host: up to €1000
- Smokefree law in Schleswig-Holstein

Thüringen (Since July 1, 2008):
- Smoking banned in federal authority buildings, bars, restaurants and discotheques; all with exceptions for separate smoking areas.
- Fine for smoker: €20-50
- Fine for host: €50–500
- Smokefree law in Thüringen