GENEVA, Oct 1, 2008 (AFP) - Switzerland's highest court has overturned a three-month-old smoking ban in public places in Geneva, saying the move failed to follow proper procedures.

The Federal Tribunal ruled on Tuesday that the smoking ban was not urgent enough to allow the state's government to enact the law before it was passed by the canton's parliamentarians, and that it had no legal basis.

Geneva's state government had used a popular vote as grounds for pushing through a canton-wide smoking ban in public places on July 1.

But according to procedures, a draft of the law should have been first passed by the state's parliamentarians.

The judgement, which disputes only the procedure leading to the ban and not the essence of the ban itself, takes immediate effect, meaning patrons can once again light up in restaurants and bars.

To re-enact the ban, Geneva's canton authorities would now need to get its parliamentarians to adopt a draft regulation which could in turn be subject to a referendum.

Swiss news wire ATS said that the draft could be adopted as soon as next spring.