X Internet UnLtd Company v Coimisiun Na Mean [No. 2] (Approved)

      This is the Applicant's application for a certificate to appeal, pursuant to the provisions of s. 38 of the Broadcasting Act 2009 ("the 2009 Act"), the judgment delivered in X Internet Unlimited Company v. Coimisi�n Na Me�n [2025] IEHC 442 ("the principal judgment").

      In the Conclusion section, paragraph (189) of the principal judgment further stated that the provisions of sections 12.1, 12.6 to 12.9 and 13.6 to 13.9 of the Code which addressed the terms and conditions of video-sharing platform services and provided for a process of suspension arising from the infringement of those terms and conditions, did not conflict with the Digital Services Act, including Article 14.

      In so certifying, I have had the benefit of detailed written and oral submissions from the parties which included an iterative (and without prejudice) exchange in relation to three proposed questions, counter formulations of those questions and further related observations.

      Turning to the first question of the applicable statutory provisions which prescribe the application for a certificate, insofar as these proceedings are concerned, s. 38(5)(c) of the 2009 Act provides that, subject to s. 38(6), no appeal shall lie to the Court of Appeal from a decision of the High Court on an application for judicial review following leave granted under s. 38(2).

      Section 38(6) of the 2009 Act provides that the High Court may grant leave to appeal from a decision referred to in s. 38(5) where it certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court of Appeal .