Ireland lodges appeal against Apple tax ruling

The Government has restated its “profound disagreement” with the European Commission’s analysis which concluded Ireland gave Apple €13bn worth of State Aid. As a result, Ireland is now seeking an annulment of the decision.

Yesterday, Ireland’s appeal of the Apple tax ruling was lodged in the European Courts, ahead of tomorrow’s deadline.

In August, the European Commission ruled that Apple should pay €13bn in back taxes to Ireland.

However, the Government here said the money is not in fact owed to Ireland and will appeal on that basis.

“The Government disagrees profoundly with the Commission’s analysis in the Apple case, and our position on all aspects of the case is very well known,” a spokesman for Finance Minister Michael Noonan said last night.

After those disagreements, Mr Noonan arranged for an appeal to be brought before the European courts.

“Such an appeal takes the form of an application to the General Court of the European Union, asking it to annul the decision of the Commission,” the spokesman added.

Attorney general Marie Whelan’s office has been preparing the legal grounds in support of the annulment proceedings. Our application will be lodged in the General Court of the EU.

“As this topic is the subject of open legal proceedings, it will not be possible to comment further, in particular on any of the individual elements of the State’s legal case in defence of our position. This is important to ensure we do not prejudice our own legal case,” Mr Noonan’s spokesman said.

The US has said it might seek some of the €13bn after the European Commission said other countries might be able to stake a claim to the money, if it can prove the tax should have been paid there instead.