However, that measure was challenged in court by a group of companies that sell microwave pizzas and croques monsieur, who have seen their sales plummet since the partial ban was introduced. The constitutional court last week ruled that the law as it stands was discriminatory. The smoking ban was introduced as a public health measure, the court said, and the presence or otherwise of cooked food makes no difference.

The catering industry has predicted a "bloodbath" as a result of the extended ban. Cafes will see a major drop-off in customers, according to Horeca Vlaanderen, which represents the industry, as the trend towards drinking at home is exacerbated. And café owners who had decided to scrap serving food during the five-year grace period now see their choice nullified, as they will have to ban smoking anyway.

The sole exception to the ban will be cafes that have a separate smoking room with adequate ventilation and where drinks are not served by staff. "For many that is financially and structurally impossible," said Danny Van Assche, managing director of Horeca Vlaanderen. Industry representatives are now calling for compensation for café owners, perhaps in the form of a reduction of VAT.

The respiratory health-care association VGRT said the exceptions had created an "absurd" situation. "In a short time no-one will even think about a smoking ban any more, it's all a matter of becoming accustomed," said a spokesman. "That's already the case in other countries like Ireland and France, where a general ban has been in place for some time."

Leo Leys, director of the Flemish Anti-Cancer League, said he was "extremely delighted" with the judgement. "We have nothing against smokers; let them smoke. But we can't have other people smoking along against their will," he said. "The exceptions in the law meant a lot of people weren't protected, and the exceptions were unjustified since they were actually economically motivated."