A Groningen district court had fined Cafe De Kachel 1,200 euros, but that verdict has now been overruled by the appeals court. Last month, a bar in Breda won a similar case before a different appeals court.

A smoking has been in place in bars and restaurants in the Netherlands since July 1, 2008. The owners of small bars have objected to the ban from the beginning, saying their size makes it impossible to create sealed-off smoking areas in their cafes, as larger cafes are allowed to do. They also said they should be exempted from the smoking ban because they do not employ staff other than themselves. The Dutch ban was imposed as a measure to protect personnel from secondhand smoke by guaranteeing a smoke-free work environment.

In a reaction, a foundation of small bar owners said the verdict paves the way for a lawsuit claiming 50 million euros in damages from the Dutch state. The group says it has gathered 1,200 bar owners who are resisting the ban, which they say drives down revenue.

Research by NRC Handelsblad last month showed that the foundation has received financial, strategical and legal support from tobacco companies.

Dutch health minister Ab Klink has announced that he will 'fix' the Tobacco Law. Along with a majority of lawmakers, he wants the full ban to stay in place. He said he would await Friday's ruling before deciding on his next step.