€13bn tax battle: Apple and Ireland win appeal against EU ruling
Apple and Ireland have won their appeal against the European Commission’s €13.1 billion tax ruling.
The case arises from the European Commission’s 2016 direction to Ireland to recover €13.1 billion in unpaid taxes from the US tech giant.
The disputed taxes cover an 11-year period between 2003 and 2014, as well as €1.2 billion in interest.
The Commission claimed two tax rulings in 1991 and 2007 issued by Revenue to Apple had “substantially and artificially lowered” the tax paid the firm in Ireland since 1991 and had therefore amounted to illegal state aid.
However, Apple accused the European Commission of trying to rewrite Apple’s history in Europe, ignore Irish tax laws and upend the international tax system. It also alleges that the EU’s claim has no basis in fact or in law as Apple had never asked for, nor was it given, any special deals.
The Government also opposed the Commission’s decision, arguing it was fundamentally flawed and interfered with Ireland’s sovereignty.
It’s expected the decision will now be appealed to the EU’s higher court.