The court was ruling in the case of Danny Vermeer, who runs the Kleppende Klipper restaurant in Mol, and who was appealing a conviction for breach of the existing smoking ban and a fine of €2,750. Vermeer argued that the ban was discriminatory in its current form - which requires bars and cafes which derive at least one-third of their sales from food to ban smoking, or provide separate accommodation for smokers under strict - and expensive - conditions.

The court of appeal upheld Vermeer's case and ruled that the ban breaches the constitutional guarantee of equal treatment under the law. Patrons of restaurants, the court said, enjoyed the law's protection against inhaling smoke, whereas patrons of bars did not. Critics of the current law have pointed out that it is impossible in most cases to determine whether some premises are smoking or non-smoking.

The new law, which still has to complete its legislative passage, would shift the line at which the ban came into force, exempting only bars that served snack food like nuts and potato chips, and including in the ban all forms of warm food service, regardless of the value of the sales.

That bill doesn't go far enough for the CD&V, which would like to see a total ban on smoking in all bars, but which lost the support of liberals at the last minute. The CD&V has even called for a Europe-wide total ban which would override Belgian legislation.

• The union of Flemish general practitioners (SVH) last week called on the Flemish government to introduce its own smoking ban in the region, to make up for the failings in the federal law. "We are disappointed by the politicians," said vice-chairman Rufij Baeke. "They did the job too quickly and turned in poor work."

According to the doctors, Flanders could introduce such a law under preventive healthcare provisions, which are a responsibility of the regions. But politicians including Flemish health minister Veerle Heeren have declined the option, claiming the ban falls under federal responsibilities.

Elsewhere a shopkeeper in Koekelare in West Flanders was fined €55,000 for giving away ten free disposable lighters with cartons of cigarettes, which the law considers a form of enticement to buy tobacco - which is not allowed. The man, who runs shops in Ostend, Bruges and Adinkerke, plans to appeal the fine.