Merck KGaA & Ors v Merck Sharpe & Dohme Llc & Anor (Approved) [2025] IESC 49 (26 November 2025)

Merck KGaA & Ors v Merck Sharpe & Dohme Llc & Anor (Approved) [2025] IESC 49 (26 November 2025)

The Oireachtas is in breach of its constitutional obligation under Article 40.5, read with Article 42A.1, by failing to provide any mechanism for a minor child to remain in a family home through a legal guardian taking over the lease after the death of a tenant parent; this omission violates the child's rights to security and protection of the dwelling.

Citation
[2025] IESC 49
Parties
Applicant/appellant: ZG; Applicant/appellant: EW (a minor) suing by his aunt and next friend, ZG; Respondent: Ireland; Respondent: The Attorney General; Notice Party: Clúid Housing Association; Amicus Curiae: Irish Human Rights and Equality Commission
Jurisdiction
Ireland
Judgment Date
26 November 2025
Procedural Posture
Constitutional Appeal / Supreme Court Judgment
Outcome
Appeal allowed; declaration of unconstitutionality by omission
Legal Topics
Unconstitutionality by Omission, Succession to Tenancy, Inviolability of the Dwelling, Children's Rights Under Article 42 a, Judicial Review Procedure, Balance of Property Rights
Constitutional Law Property Law Housing Law Children's Rights Unconstitutionality by Omission Succession to Tenancy Inviolability of the Dwelling Children's Rights Under Article 42 a +2 more

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Parties

ZG

Applicant/appellant

EW (a minor) suing by his aunt and next friend, ZG

Applicant/appellant

Ireland

Respondent

The Attorney General

Respondent

Clúid Housing Association

Notice Party

Irish Human Rights and Equality Commission

Amicus Curiae

Procedural Posture

Constitutional Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Oireachtas breached constitutional rights by failing to provide a mechanism for a minor to remain in a family home after the death of a tenant parent under the Residential Tenancies Act 2004
  2. 2 Interpretation of Article 40.5 (inviolability of the dwelling) and its application outside the criminal context
  3. 3 Interaction of Article 40.5 and Article 42A (children's rights) in the context of tenancy succession

Ratio Decidendi

The Oireachtas is in breach of its constitutional obligation under Article 40.5, read with Article 42A.1, by failing to provide any mechanism for a minor child to remain in a family home through a legal guardian taking over the lease after the death of a tenant parent; this omission violates the child's rights to security and protection of the dwelling.

Court Disposition

Appeal allowed; declaration of unconstitutionality by omission

Orders

  • Declaration that the Oireachtas is in breach of its constitutional obligation by failing to provide a mechanism for a minor to remain in a family home after the death of a tenant parent under the Residential Tenancies Act 2004
  • Invitation to parties to make submissions on whether a further order requiring the Oireachtas to legislate by a specified date is necessary or appropriate