The Federal Constitutional Court said clauses of laws in the city-state of Berlin and the southwestern region in Baden-Wuerttemberg were unconstitutional because they threatened the livelihood of owners of small bars and clubs.
The six-to-two ruling means that patrons in single-room bars and discotheques in the two states can keep smoking until at least the end of 2009. It could also send similar laws in 12 of Germany's 14 other states back to the drawing board. Four states — Hesse, Hamburg, Bremen and Mecklenburg-Western Pomerania — announced immediately after the ruling that they would again "tolerate" smoking in corner pubs.
But don't worry the German Constitution will be overthrown by the Directive coming up in the Autumn.