The High Court has dismissed Fingal County Council's application to have nine people jailed for breaching court orders relating to the obstruction of waste collection.
Mr Justice Herbert said there was doubt as to whether each of these people knew they were in breach of court orders.
He expressed concerns about the order made by another High Court judge last Friday directing the Gardaí to arrest anyone obstructing waste collection in Fingal.
Earlier, Dublin City Council was granted permission to serve attachment and committal proceedings on eight people who were involved in blocking a bin truck in Harold's Cross in the city this morning.
The Council also asked the court for a general order for the Gardaí to arrest anyone involved in obstructing its waste collection, but the court refused to grant this order.
The protests are now entering their third week, and the anti-waste charge campaigners say they will continue, despite the arrests, and despite the jailing of Joe Higgins and Clare Daly.
Fingal County Council says it has managed to collect most bins in its area, but some housing estates in North and West Dublin have not had their rubbish collected for a fortnight.
The political row is likely to spread further, as Dún Laoghaire Rathdown County Council is also due to stop collecting bins from householders who have not paid waste charges.