Arnold Schwarzenegger smiles during a news conference. Schwarzenegger could have his sights set on a new job as next head of the European Union - AP File Photo

VIENNA: Was it lit or was it cold? The status of a cigar in Arnold Schwarzenegger's mouth at an Austrian airport could decide whether or not he faces legal action.

Smoking at airports is banned in Austria and an anti-smoking lobby said Tuesday it plans to launch a suit against the former California governor for puffing on a stogie after arriving in June at Salzburg Airport.

But officials suggest the affair will go up in smoke.

Salzburg municipal legal expert Josef Goldberger told state broadcaster ORF that Arnie can ignore any requests from authorities in his homeland to respond since the charge is not covered by treaties.

Airport spokesman Alexander Klaus, meanwhile, says the cigar was out. ''Burning cigars smoke and there were no puffs for Schwarzenegger,'' he says.