EU details appeal against Apple and Ireland's $14.4 billion tax ruling
The European Union claims judges used "contradictory reasoning" when finding in favor of Apple and Ireland over a $14.4 billion tax payment.
Apple's Ireland headquarters
Having previously confirmed that it would appeal the court decision that found in favor of Apple and Ireland, the European Union has now published a summary of the arguments it put forward.
According to Bloomberg, newly released filings show that the EU believes, "the General Court committed several errors of law" in its ruling.
The European Commission's appeal centers on two points. Allegedly, the court failed to correctly weigh the EU's analysis, and they also wrongly assessed the value of intellectual property issues. The EC also argues that the ruling was "contradictory" in places.
The appeal was reportedly filed on September 25, 2020, the final day that the EU was eligible to contest the decision.
It asks for the judgement under appeal to be set aside, and the case to be referred back to the General Court "for reconsideration of the pleas not already assessed."
The original case concerned how Ireland allegedly allowed Apple an unfair tax arrangement. The European Commission subsequently ordered Apple to pay $14.4 billion in back taxes.
Apple paid that amount into an escrow account while appeals continued. In July 2020, the General Court in Luxembourg determined that the EU "did not succeed in showing to the requisite legal standard" that Apple had benefited.
Apple has not commented.
Apple's Ireland headquarters
Having previously confirmed that it would appeal the court decision that found in favor of Apple and Ireland, the European Union has now published a summary of the arguments it put forward.
According to Bloomberg, newly released filings show that the EU believes, "the General Court committed several errors of law" in its ruling.
The European Commission's appeal centers on two points. Allegedly, the court failed to correctly weigh the EU's analysis, and they also wrongly assessed the value of intellectual property issues. The EC also argues that the ruling was "contradictory" in places.
The appeal was reportedly filed on September 25, 2020, the final day that the EU was eligible to contest the decision.
It asks for the judgement under appeal to be set aside, and the case to be referred back to the General Court "for reconsideration of the pleas not already assessed."
The original case concerned how Ireland allegedly allowed Apple an unfair tax arrangement. The European Commission subsequently ordered Apple to pay $14.4 billion in back taxes.
Apple paid that amount into an escrow account while appeals continued. In July 2020, the General Court in Luxembourg determined that the EU "did not succeed in showing to the requisite legal standard" that Apple had benefited.
Apple has not commented.
Comments
Even if Apple loses - which it won’t, is my prediction - it’ll be Ireland that really loses.
Is it legal for a company to act within the laws enacted within a company and then be punished when some other country thinks they are not fair?
Currently, the main defense is "It isn't fair/moral" (although many dispute that is the case) and elected officials are unable (or politically unwilling) to actually fix the problem legislatively. Instead, they hope the courts will overstep their mandate and effectible write new laws the legislative branches are unwilling to do themselves.
the last thing they want to do is complete for business with Ireland. In fact, they don’t want to compete at all.
all your money belongs to us.
Tax haven
Um... what? Elaborate? Cite? Explain?
Just asserting something on a complex topic such as this is silly.
You asked. I answered. Sorry if it wasn't the answer you wanted to hear.