The appeal court in Den Bosch will today decide if a small cafe in Breda is breaking the ban on smoking.

In February, the owner of the cafe was found not guilty of breaking the ban because, the lower court said, the owners of cafes with and without additional personnel are treated differently.
By law cafe owners with additional staff have to ensure workers have a smoke-free working environment. But cafes without personnel have to completely ban smoking on the premises. This is discriminatory, the judges said.
A similar situation at a cafe in Groningen was found to be breaking the ban.
And last week it emerged that health minister Ab Klink’s own legal experts have said the current situation is unfair.
Experts in Tuesday’s Volkskrant say whatever the appeal court rules today, the matter will end up at the High Court for its final decision.