FILES- Picture taken on January 31, 2008 shows a sticker with a no smoking sign on the glass door of a Berlin shopping mall. Germany’s highest court upheld complaints by owners of small bars and nightclubs against smoking bans in two states on July 30, 2008 in a ruling with nationwide implications.AFP PHOTO JOHN MACDOUGALL (Photo credit should read JOHN MACDOUGALL/AFP/Getty Images)