Constitutional Court annuls tobacco ban for large food stores: “Distinction was discriminatory”

The fact that large food stores of more than 400 square meters are no longer allowed to sell tobacco products since April 1, while smaller food stores of less than 400 square meters are still allowed to sell them, is discriminatory and therefore “unconstitutional”. The Constitutional Court ruled this in a case brought by, among others, Buurtsuper.be and tobacco manufacturer Philip Morris Benelux. The Court does give the legislature until the end of 2026 to come up with new regulations.

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