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☆ Setback for Apple as EU court advisor backs EU's $14 bln tax order
▼ + stars: | 2023-11-09 | by ( ) www.cnbc.com time to read: +1 min

Apple iPhone 15 series devices are displayed for sale at The Grove Apple retail store on release day in Los Angeles, California, on September 22, 2023. The tax case against Apple was part of EU antitrust chief Margrethe Vestager's crackdown against deals between multinationals and EU countries which regulators saw as unfair state aid. The General Court in 2020 upheld Apple's challenge, saying that regulators had not met the legal standard to show Apple had enjoyed an unfair advantage. Advocate General Giovanni Pitruzzella at the EU Court of Justice (CJEU) said CJEU judges should set aside the General Court ruling and refer the case back to the lower tribunal. "The judgment of the General Court on 'tax rulings' adopted by Ireland in relation to Apple should be set aside," he said in a non-binding opinion.

Persons: Margrethe Vestager's, Apple, Apple's, Giovanni Pitruzzella, CJEU Organizations: Apple, Grove Apple, European Commission, EU, of Justice Locations: Los Angeles , California, Ireland

LONDON (AP) — Apple might end up on the hook after all for billions of euros in back taxes to Ireland in the latest twist in a longrunning European Union dispute, following a legal opinion Thursday from an adviser to the bloc's top court. The ECJ's opinions aren’t legally binding, but are often followed by the court. The Court of Justice is expected to come up with its legally binding decision next year. “We thank the court for its time and ongoing consideration in this case," Apple said in a prepared statement. "The General Court’s ruling was very clear that Apple received no selective advantage and no State aid, and we believe that should be upheld.”The European Commission declined to comment.

Persons: Giovanni Pitruzzella, Tim Cook, Donald Trump, Margrethe Vestager, ”, Pitruzzella, “, Apple, Court’s Organizations: European Court of Justice, Apple, ”, European Commission, Court of Justice, European Locations: Ireland, European, U.S

☆ Apple’s fight against a $14 billion EU tax bill suffers a setback
▼ + stars: | 2023-11-09 | by ( ) edition.cnn.com time to read: +3 min

But Advocate General Giovanni Pitruzzella at the European Court of Justice (ECJ) — the EU’s highest court — disagreed, saying judges should set aside the General Court ruling and refer the case back to the lower tribunal. “The judgment of the General Court on ‘tax rulings’ adopted by Ireland in relation to Apple should be set aside,” he said in a non-binding opinion. He said the General Court had committed a series of errors in law. “It is therefore necessary for the General Court to carry out a new assessment,” Pitruzzella said. Her biggest legal victory to date came in September when the General Court upheld her decision against a €700 million ($749 million) Belgian tax scheme for 55 multinationals.

Persons: Margrethe Vestager, Apple, Giovanni Pitruzzella, —, ”, ” Pitruzzella, Michael McGrath, Court’s, Vestager Organizations: Apple, European Commission, European Court of Justice, Justice, Court, Ireland, Dublin, Stellantis, Starbucks, Belgian Locations: Luxembourg, Ireland

The European Commission in its 2016 decision said Apple benefited from two Irish tax rulings for more than two decades that artificially reduced its tax burden to as low as 0.005% in 2014. "The judgment of the General Court on 'tax rulings' adopted by Ireland in relation to Apple should be set aside," he said in a non-binding opinion. "It is therefore necessary for the General Court to carry out a new assessment," Pitruzzella said. Her biggest legal victory to date came in September when the General Court upheld her decision against a 700-million-euro Belgian tax scheme for 55 multinationals. Vestager is currently investigating IKEA brand owner Inter IKEA's Dutch tax arrangement in a case dating from 2017, Nike's (NKE.N) Dutch tax rulings and Finnish food and drink packaging company Huhtamaki's (HUH1V.HE) tax rulings granted by Luxembourg.

Persons: Mike Blake, Margrethe Vestager's, Apple, Apple's, Giovanni Pitruzzella, CJEU, Pitruzzella, Michael McGrath, Court’s, Vestager, Stellantis Organizations: REUTERS, Rights, EU, Apple, European Commission, of Justice, Justice, Court, Ireland, Dublin, Starbucks, IKEA, Inter IKEA's, Thomson Locations: La Jolla , California, U.S, Rights LUXEMBOURG, Ireland, Belgian, Luxembourg

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