Apple's court triumph forces tough choice for EU’s tax crusade

EU Competition Commissioner Vestager risks overlooking criticism that the EU failed to prove “to the requisite legal standard” that Ireland’s tax deal broke state-aid law

Margrethe Vestager, European Union Competition Commissioner may have lost the battle but could win the war. File picture: Virginia Mayo

Apple’s July court triumph over a massive European Union back-tax order is forcing antitrust chief Margrethe Vestager to make a tough choice: Challenge a ruling that faulted the EU investigation or accept judges’ criticisms and re-examine a case started over six years ago.

Her dilemma about whether to appeal before a late-September deadline shows how court rebukes have bogged down probes that were once swift and lethal. The EU targeted big names, triggering changes to taxation across Europe. The €13bn demand for Apple was its crowning achievement.