Apple's $14 billion tax trial should start over, says EU

Posted:
in General Discussion

Apple and Ireland had together beaten an EU claim over back taxes on appeal, but now a higher court advisor says legal errors were made and the whole case should be reviewed again.

Apple Ireland
Apple Ireland



At its core, the allegation is that the Irish government granted Apple an unfair tax arrangement. Both Apple and Ireland dispute this, but a 2016 ruling was made against them both -- and that was then overturned on appeal in 2020.

As part of its original ruling, the EU demanded that Apple pay $14.4 billion in back taxes, and the company has done so. However, the money has not gone to either the EU or Ireland, and instead is continuing to be held in an escrow account until the case is finally settled.

That time may now be yet further delayed, though, as according to Ireland's RTE, the Advocate General of the EU's highest court has recommended that the lower General Court's decision in favor of Apple effectively be ignored.

RTE reports that Advocate General Giovanni Pitruzzella says there were a series of legal errors when it said the EU had not shown evidence of its case to the required legal standard. More, the General Court failed to correctly assess the case.

Consequently, Pitruzzella says that in his view, it is now necessary for the General Court to carry out a new assessment.

Pitruzzella's opinion is not legally-binding. It does not automatically follow that there will be a further trial, but it is reportedly unusual for the Advocate General's opinion to not be then subsequently followed by the court.

If the case continues and the EU ultimately wins, the European Commission will receive the $14.4 billion from the escrow account. If it is decided that the EU has failed and it has no further recourse, the money will be returned to Apple.

RTE notes that the managers of the escrow fund were paid a fee of approximately $6 million in 2022.

That's despite the value of the escrow fund declining by around $1 billion in the year to July 2023. Reportedly, the escrow account consists chiefly of investments rather than straight cash, and European bonds having been performing poorly.

Read on AppleInsider

Comments

  • Reply 1 of 5
    Give me a break. "Sorry, our lawyers messed up so we need a do-over." If Apple's lawyers made some errors can they also ask for a do-over?
    kelemordanoxchadbagbaconstangwatto_cobraFileMakerFeller
  • Reply 2 of 5
    Hi NickoTT,

    what do you want to tell the world? That it is not commonplace in the US that a lower court ruling can be overturned by the next instances? Or that a lower court ruling might not be questioned by a assigned lawyer or state attorney?  

    Please read carefully, think about what you read and then - and only then - post it.

    With best regards 

    Martin
    GabyronnAlex_Vmuthuk_vanalingamFileMakerFeller
  • Reply 3 of 5
    gatorguygatorguy Posts: 24,604member
    NickoTT said:
    Give me a break. "Sorry, our lawyers messed up so we need a do-over." If Apple's lawyers made some errors can they also ask for a do-over?
    Yup. If this goes back to court, and according to EU and Irish news sources that's almost certainly what will happen, they will all get a do-over and Apple included.

    By the way, the claim is not that the EU lawyers messed up, or Apple or Irish attorneys. The judges messed up. 
    edited November 2023 ronnmuthuk_vanalingamchasmFileMakerFellerjony0
  • Reply 4 of 5
    blastdoorblastdoor Posts: 3,530member
    Any company wanting to do business in any country has to deal with the laws and procedures in that country. Don’t like them? Try to change them or leave. 

    The US is still probably the most business friendly big country out there. The EU is at least a democracy. 

    China is the real threat to apple and everyone else on this planet. I suggest people keep that in mind.

    sphericwilliamlondonchadbagwatto_cobra
  • Reply 5 of 5
    "We didn't get what we want, so we demand a do-over because...reasons."
    baconstangwatto_cobra
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