In bid to overturn $15.7 billion Apple tax verdict, EU claims court made errors

EU antitrust bureaucrats have claimed a court made legal errors when it scrapped their 13 billion euro ($15.7 billion) Apple tax grab in Ireland, in a filing to have the verdict overturned.

In bid to overturn $15.7 billion Apple tax verdict, EU claims court made errors .Image: Apple logoReuters:

The Commission is appealing to the Luxembourg-based Court of Justice of the European Union following a ruling last year by the General Court, which said the EU executive had not met the requisite legal standard to show Apple had enjoyed an unfair advantage.

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

Apple has said the General Court judgment proved it has always complied with Irish laws, with the issue more about where it should pay taxes rather than the amount.

MacDailyNews Take: The EU will lose in its attempt to save face by appealing a case it failed to prove in the first place. This $15.7 billion Apple tax verdict should not be overturned.

A company’s business success, regardless of degree, doesn’t mean some quasi-governmental political confederation headed by a dingbat gets to retroactively grab whatever sum they want.MacDailyNews, July 15, 2020

Is Ireland its own country or merely a vassal state to a quasi-governmental political confederation that’s already been hit with one very significant defection?

The EU’s retroactive tax grab is a farce. — MacDailyNews, October 4, 2017

I think that Apple was targeted here. And I think that (anti-US sentiment) is one reason why we could have been targeted. People in leadership positions in several countries tell me that this is the agenda. I don’t know where that comes from. But what I feel strongly about is that this decision was politically based, of that I’m very confident. There is no reason for it in fact or in law… At a worldwide level, Apple pays income tax of 26.1 percent… I’d be the first to say that the tax system needs to be reformed and that it should be made simple and straightforward. But it should be talked about going forward, not in a way that retrofits the law to what others wish it was. It’s patently unfair and not what you expect from a developed country that has a history of rule and law.Apple CEO Tim Cook, September 1, 2016


            1. That’s the Democrat Party and President Trump was and is the greatest economy recovery in the history of the USA. Your HATRED for him will not CHANGE REALITY. You should REMEMBER that…

    1. And so, the smear job of an innocent man continues. His “crime” was to expose the Soviet style Deep State with millions of grifters profiting personally whilst selling the jobs and rights of American citizens to foreign billionaires and state-run entities. And now they want to renew the military/industrial complex’s overseas adventurism that cost us trillions of $ and waste American lives (again, and again, and again). I know because as a 19 year old my life was put at risk every day for a full year and many of my fellow soldiers were killed.

  1. And here’s a (I know, it’s very rare) respectable Democrat nailing down the government/media collaboration ala Pravda in the former Soviet Union, and showing why the “press protections” don’t apply to monopolistic social media forums that actively interfere in the free exchange of ideas.

    This is Tulsi Gabbard, who would have made a much better president than the current sock puppet.

    1. The file DNC which still includes Joe, Kamala, Barak, Schultz, Perez, and Hillary smeared her and Bernie badly because her platform was not inferior to theirs.

    2. Yes, “respectable” Democrats are indeed RARE. Right, more intelligent, well spoken, fair and balanced politician would run rings around Biden and laughing girl VP. I would vote for her in a heartbeat…

  2. For perhaps the hundredth time, this isn’t a “tax grab.” The EU will receive no additional revenue if it prevails and the party that would receive the money (Ireland) doesn’t want it. Apple will owe most of the money to the US if it does not owe it to Ireland, so nothing is being grabbed from the company and nobody is trying to grab it.

    Nor is this case about Irish sovereignty, since the sovereign Republic of Ireland voluntarily agreed to the treaty obligations being litigated. It isn’t a case of a retroactive grab because the case is about Ireland’s obligations at the time the alleged tax liability occurred.

    This is a fairly straightforward case of applying the law to a set of facts. Apple has a good case. It won at the trial level and I hope it will win on appeal. There is no need to bolster Apple or Ireland’s case with false allegations.

    The EU might be a “pile of crap,” but the financial benefits to Ireland from its membership have economically and socially transformed the Republic (and the entire island). You can’t “Make Ireland Great Again” though MAGA-style isolationist nationalism because most of its recent greatness has come directly from its membership in the European Community.

    1. Tax (not TX) user:
      What an appropriate moniker for a libnutjob.

      As usual, you’ve got it ass-backwards to favor your politics. I wonder why you feel the need to hector the readers of this forum multiple times daily in an attempt to discredit their own legitimate opinions. Theirs are just as valid as yours! Give it up. You’re neither our superior or our teacher.

      1. This is not a tax grab. That is a fact, not an opinion. Nobody is grabbing and nothing is being grabbed. This is a straightforward legal dispute about the application of EU law. I have been stating that fact since the claim was filed and nobody has shown otherwise. All they have done is endlessly repeat their opinion that the EU must be wrong because it is crap and I must be wrong because I am shit.

        If you have “alternative facts” that show that anybody connected with this case is grabbing anything from anybody, set them out like a rational debater instead of engaging in personal invective. If you can’t, accept that you and your opinion have no factual basis. Then either shut up or admit that you and those like you have stopped caring about the truth.

        Worse, I suspect that you have all adopted a post-modern theory of knowledge that rejects the very concept of truth. There are only opinions driven by self-interest and ideology. Law and science, like everything else, are driven entirely by opinions because there are no facts worth respecting. Courts should decide everything as an expression of politics. Politics need not concern itself with truth-telling or ethics because there is no law or morality apart from what you, as a sovereign citizen, choose to accept. Viruses and CO2 levels are just opinions. They have no factual reality, so they will submit to the Triumph of the Will if we just avoid ThoughtCrime. Election outcomes should be determined by those with the best opinions, not by lawfully-appointed officials conducting a factual count of actual votes.

        And yes, that last paragraph is just my opinion, but I am entitled to those, too, so long as they are consistent with known facts.

      2. You nailed TxLiar and yes, he is a “libnutjob” that has been LYING FOR YEARS he is a conservative white male Republican. His continuing broken record opinion that EU is not engaged in a tax grab is totally false!

        Nuff said…

        1. So, how is it a tax grab when the Plaintiff in the suit (the European Commission) will not profit by a single euro if it wins, Apple will not lose any money if it loses the suit (it will just be paying Ireland instead of the US), and Ireland does not want any additional taxes.

          Don’t just dismiss the facts with “nuff said.” Provide some actual evidence to support your position.

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