Malone Engineering Products Ltd. v. Health Service Executive

The plaintiff, the designer and manufacturer of “Freshwall” modular smoking rooms or structures, sought a declaration that its product was exempt from the indoor smoking ban because it qualified as an outdoor premises where no more than 50% of the perimeter is surrounded by one or more walls.  The Freshwall structure is a specially designed four-sided, fully-roofed room composed of a series of panels which are 50% open. The court concluded that a Freshwall structure is not “outdoor” and the panels qualify as “walls” creating a continuous structure.  Therefore, the structures were not exempt from the indoor smoking ban.


Malone Engineering Products Limited v. Health Service Executive, [2006] IEHC 307, High Court (2006).

  • Ireland
  • Jul 21, 2006
  • High Court


Plaintiff Malone Engineering Products Ltd.

Defendant Health Service Executive

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues


Type of Tobacco Product