Belgium’s highest administrative court has halted a government plan to ban smoking and vaping on outdoor hospitality terraces starting January 1, 2027. The intervention by the Council of State disrupts the public health agenda of Health Minister Frank Vandenbroucke, handing an immediate reprieve to restaurant, bar, and cafe operators across Wallonia and Brussels.
Council of State Halts Anti-Smoking Restrictions
Under the federal Arizona coalition agreement, the government sought to eliminate indoor smoking rooms and extend tobacco and e-cigarette bans to all outdoor seating areas. However, formal reservations raised by the Council of State forced the Ministry of Health to pause the measure indefinitely.
The ministry has not disclosed the precise legal defects identified by the court, nor has it provided an updated timetable for legislative revisions. Consequently, ashtrays will remain permitted on outdoor tables across the country for the foreseeable future.
Hospitality Sector Welcomes Indefinite Delay
The postponement follows intense opposition from the hotel, restaurant, and cafe (Horeca) sector. Trade federations in Brussels and Wallonia argued that policing outdoor patrons would create operational chaos, reduce customer footfall, and generate friction between guests and service staff.
Hospitality business owners, already contending with rising overhead costs and reduced consumer spending, feared the ban would harm revenue ahead of peak trading seasons. For these operators, the court’s intervention removes an impending compliance hurdle.
While anti-tobacco advocates continue to lobby for smoke-free public spaces, the government cannot advance the outdoor ban without redrafting the statutory framework to satisfy the high court.
