The highest court in Austria has said a resident cannot smoke on his balcony or with the windows open during set hours as it is disturbing his neighbour's sleep.

The decision from the supreme court in Vienna could have far-reaching consequences for smokers in Austria.

A university professor, living in the Austrian capital, had filed the case after complaining about the smell coming from the flat below.

The court heard how the resident below enjoyed a cigar on his balcony during the summer, typically between midnight and 2am.

In the winter, he tended to smoke with the windows open in his apartment.

The highest court in Austria has said a resident cannot smoke on his balcony or with the windows open during set hours

A district court ruled the man should only be allowed to smoke when the windows were shut inside his flat.

However he appealed this and the court then said he could smoke on the balcony or with the windows open, but only between 6am and 10pm.

Following that, the professor decided to take the case to the Supreme Court, the Local reported.

The country's highest court said the resident cannot smoke outside or with the windows open between 10pm and 6am.

In the summer, he is also prohibited from smoking during 'eating times' - between 8am and 10am, midday and 3pm, and 6pm and 8pm.

The decision could have far-reaching effects on the country.

Austria has one of the highest rates of smoking in Europe, especially among young people.