Skybird you're being misleading.
From the article:
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A court in Germany has ruled that a man who smokes in a rented flat can be evicted if the smoke gets into public areas of an apartment block.
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Then further:
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At the same time, the verdict maintained that people had a basic right to smoke in their own homes.
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So the fascist German government really isn't intruding into a persons "private sphere" now are they?