EU Court of Justice to Decide on Back Taxes Owed by Apple to Ireland after Commissioner Vestager Launched Appeal

On 30 August 2016, Margrethe Vestager, the European Commissioner for Competition, ordered Ireland to recover €13 billion in illegal state aid (plus interest) that Ireland was alleged to have granted Apple over a decade from 2003. Within months of the ruling, both Tim Cook, CEO of Apple, and Enda Kenny, the Irish Prime Minister, appealed the Commission's judgment to the European General Court in Luxembourg, the EU's second highest court. In mid-July 2020, the General Court returned its verdict and annulled the Commission's ruling giving Commissioner Vestager two months and 10 days to appeal. At the very last minute, the Commissioner announced that she would seek an appeal before the EU's highest court, the Court of Justice of the European Union, citing "errors of law" committed by the lower court. No date has been set for the CJEU to decide on the merits of the appeal. The case explores these events from five analytical pillars: 1) the role of Ireland's low corporate tax rate in attracting FDI; 2) Apple's decision to allocate its earnings to a paper company in Ireland with no physical presence in the country; 3) the repatriation of foreign earnings to the United States; 4) the transfer payments that Apple makes to the USA to pay for R&D; 5) the Commissioner's decision to impose a retroactive tax penalty on a foreign company that acted in accordance with the tax arrangements granted by its host country.

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