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Monday, 3rd November, 2025

Appeal dismissed as prohibition on sale of CBD oils with trace THC upheld under Irish law

By: Damian Byrne
The Court of Appeal dismissed an appeal from the High Court, upholding decisions which refused several declarations sought by the appellant, a shop owner prosecuted for selling CBD oils containing traces of THC. The appellant argued that the absolute prohibition in Irish law on products containing any THC breached European Union law and the principle of free movement of goods. The Court of Appeal found that the European Court of Justice's Kanavape decision does not require Ireland to permit products containing THC, as the Kanavape case was confined to CBD extracted from cannabis plants with THC below 0.2%, and concerned whether national laws prohibiting such products were justified for public health reasons. The court emphasised that there was no evidence regarding the THC content of the source plants for the oils sold by the appellant, and rejected the argument that Kanavape imposed an obligation on Irish authorities to test every product for public health risk in advance of prosecution. The appeal against an order for costs was also dismissed, as the High Court’s approach to awarding costs against the appellant was found to be within its discretion.

Leave to appeal refused in dispute over climate obligations and retail development permission

By: Decisis
The High Court refused an application for leave to appeal brought by a local environmental group seeking to challenge planning permission for a retail development. The court found that the arguments proposed for appeal—primarily concerning climate change assessment obligations—were not properly pleaded or argued at trial, and raised only after the substantive judgment had been delivered. The judge noted that allowing an appeal in these circumstances, where the core facts involved limited and temporary emissions and the planning process had already extended for nearly three years, would not be in the public interest and would risk undermining the coherent development of climate law. The application was dismissed, and no order for costs was made, except in the event of a leapfrog appeal being pursued to the Supreme Court.

Trademark registration for clothing brand refused due to likely confusion, regardless of claims of copying or bad faith

By: Decisis
The Court of Appeal overturned the High Court’s decision and upheld the refusal of a trademark registration for a clothing company’s 'Diesel' mark in Ireland. The case arose from a protracted dispute between an Italian fashion company and an Irish manufacturer, each seeking to register the ‘Diesel’ trademark for jeans. The High Court had previously ruled in favour of the Italian company, reasoning that although consumer confusion would result, the confusion stemmed from alleged wrongful copying by the Irish company. However, the Court of Appeal held that Irish law requires refusal of registration whenever confusion would result, regardless of blame or the cause of confusion. The court further found that the earlier High Court judgment, which recognised the Irish applicant as the proprietor of the mark, was conclusive (res judicata) and should not have been revisited. Consequently, confusion alone was sufficient to bar registration, and claims of copying or bad faith were irrelevant to this outcome. The appellate court confirmed that the Italian company’s applications must be refused and invited the parties to make submissions on costs and the final order.

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