The rolls used in Subway’s hot sandwiches contain too much sugar to be considered bread, according to Ireland’s Supreme Court.
Ireland’s highest court made the ruling in a case about how the bread is taxed.
Under Ireland’s VAT Act of 1972, ingredients in bread such as sugar and fat should not exceed 2% of the weight of flour in the dough.
The five judges, who were considering an appeal by Bookfinders Ltd, a Subway franchisee based near Galway, concluded that in Subway sandwiches the sugar content is around 10% of the flour in the dough for both white and wholegrain rolls.
After an appeal commissioner upheld the tax authority’s refusal of a refund, Bookfinders took its case to the High Court which it lost before going to the Court of Appeal, where it was also unsuccessful.
Subway has been contacted for comment.