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Apple has suffered a setback in its battle against an order to pay an alleged €13bn (£11.3bn) tax bill in Ireland, after one of the top advisers to the European court of justice (ECJ) said a ruling in the tech company’s favour should be set side.
It is the latest twist in a near 10-year saga over allegations that Apple received favourable tax status in Ireland which resulted in a €13bn benefit, in which the tech company sided with the Irish government in battling an order to pay up issued by Europe’s competition watchdog.
Ireland’s finance minister, Michael McGrath, said he noted the opinion of the ECJ’s advocate general, but that the country remained confident it did not breach any EU laws.
Two years later the European Commission concluded that the benefits between 1991 and 2014 amounted to illegal state aid and ordered Ireland to recover the money.
“The judgment of the general court on ‘tax rulings’ adopted by Ireland in relation to Apple should be set aside,” Pitruzzella said in a non-binding opinion.
He said the general court had committed “a series of errors in law” when it ruled that Brussels “had not shown to the requisite legal standard” that the profit Apple had made on sales of its products outside the US had to be attributed to their Irish branches.
🤖 I’m a bot that provides automatic summaries for articles:
Click here to see the summary
Apple has suffered a setback in its battle against an order to pay an alleged €13bn (£11.3bn) tax bill in Ireland, after one of the top advisers to the European court of justice (ECJ) said a ruling in the tech company’s favour should be set side.
It is the latest twist in a near 10-year saga over allegations that Apple received favourable tax status in Ireland which resulted in a €13bn benefit, in which the tech company sided with the Irish government in battling an order to pay up issued by Europe’s competition watchdog.
Ireland’s finance minister, Michael McGrath, said he noted the opinion of the ECJ’s advocate general, but that the country remained confident it did not breach any EU laws.
Two years later the European Commission concluded that the benefits between 1991 and 2014 amounted to illegal state aid and ordered Ireland to recover the money.
“The judgment of the general court on ‘tax rulings’ adopted by Ireland in relation to Apple should be set aside,” Pitruzzella said in a non-binding opinion.
He said the general court had committed “a series of errors in law” when it ruled that Brussels “had not shown to the requisite legal standard” that the profit Apple had made on sales of its products outside the US had to be attributed to their Irish branches.
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