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EU Says Court Made Errors In Overturning $15.7 Billion Apple Tax Order

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EU antitrust enforcers are claiming that a court made legal errors in its scrapping of their order for iPhone maker Apple to pay $15.7 billion in Irish back taxes, in a filing to overturn the judgment.

 

The antitrust officials are appealing to the Luxembourg-based Court of Justice of the European Union. This is in respect of a ruling by the General Court in 2020. The ruling says that the EU executive didn’t meet the requisite legal standard to show Apple had enjoyed an unfair advantage.

 

The Commission’s grouse is that two Irish tax rulings had artificially reduced Apple’s tax burden for over two decades. Apple’s tax burden was as low as 0.005% in 2014 because of the filings.

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“The General Court’s failure to properly consider the structure and content of the decision and the explanations in the Commission’s written submissions on the functions performed by the head offices and the Irish branches is a breach of procedure,” the Commission said in a filing in the Official Journal.

 

The EU competition enforcer also added that: “The General Court’s subsequent acknowledgment…that the decision examines the functions performed by the Irish branches in justifying the attribution of the Apple IP licenses to them constitutes contradictory reasoning, which amounts to a failure to state reasons”.

 

According to Apple, the General Court judgment proved it has always complied with Irish laws. It also believed that the issue is more about where it should pay taxes rather than the amount.

 

The Court of Justice of the European Union will hold a hearing in subsequent months.

 

 

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