The EU antitrust authority said the court erred in law when it overturned its order for Apple to pay € 13 billion in tax arrears in Ireland.
The European Commission has filed an appeal with the Court of Justice of the European Union following a ruling by the European Court of General Jurisdiction (General Court) last year that the executive branch of the European Commission had failed to prove that Apple had violated the law by gaining an unfair privilege.
In 2016, the European Commission said two Irish tax regulations artificially reduced Apple’s tax burden for more than two decades, from just 0.005% in 2014.
“The failure of the General Court to properly consider the structure and content of the decision and clarifications in written submissions to the Commission on the functions performed by the head offices and the Irish branches is a violation of procedure,” the Commission said in a statement.
“The subsequent admission by the General Court… that the judgment examines the role played by the Irish subsidiaries in justifying the granting of Apple IP licenses to them constitutes a controversial argument that amounts to a failure to provide justification,” said the EU Competition Commissioner.
The Court of Justice of the European Union will hold hearings in the case in the coming months.
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