Next time a Subway sandwich technician asks you what bread you would like with your chicken sub, you’ll be stuck for an answer.

Ireland’s highest court has found that the rolls used to make Subway sandwiches are too sugary to meet the legal definition of bread. In fact, they’re better off in the cookie display.

The Supreme Court ruling means that Subway is ineligible for a tax break for serving a “staple” food item, which will cost the company some serious dough.

Each 6-inch white bread roll contains 5 grams of sugar, which is comparable to an Oreo cookie. And it’s not just the Italian white loaf either. All available options, including the Italian herbs and cheese, nine-grain wheat, hearty Italian, nine-grain multi-seed, and honey oat, are also not “bread”.

According to the Value-Added Tax Act of 1972, the weight of sugar and fat in a bread product must not be more than 2 percent of the total weight of flour in the dough. At Subway, the sugar content is roughly 10 percent the weight of its flour. This puts it in the category of non-essential baked goods, such as cookies, brownies and muffins.