A German court has rejected the country's first compensation claim by a smoker against a cigarette maker because of a lack of evidence.
The man, who is in his fifties and has a serious heart condition, had accused German cigarette maker Reemtsma, owned by Imperial Tobacco Group, of failing to provide adequate health warnings and of adding an addictive substance to their cigarettes, which he said triggered his illness.
But the civil court in the western town of Arnsberg said the man had failed to substantiate his charges or provide evidence his heart complaint was directly linked to his smoking habit.
"The chamber justified its ruling on the grounds it was not clear the defendants had acted illegally or in a manner for which they could be held liable," the court said in a statement today.
The man, who has smoked since his teens, had sought damages of €125,000 in compensation and a further €88,000 for lost earnings as a result of his illness.
Representatives of Reemtsma said they were pleased but not surprised at the decision.
Several cigarette makers in the United States, including Philip Morris, have been forced to pay damages totalling millions of dollars in compensation claims. The plaintiff's lawyer said his client may yet appeal the decision.