THE decision by the General Court of the European Union (GCEU) to annul the verdict of the Commission regarding the Irish tax rulings in favour of Apple will come as a relief to the Irish Government and the IDA, helping to preserve Ireland’s status for foreign direct investors.
It also supports Apple’s view that the issue at heart was not how much Apple paid, but where they were required to pay it.
More importantly, the decision is a vindication under EU law for Ireland and confirms that there was no special treatment provided to the two Apple companies — ASI and AOE.
The ruling is subject to further appeal, but it is to be hoped the Commission will accept the decision of the General Court of the European Union, and not seek to damage Ireland's reputation further with protracted legal proceedings.
Tax is a national competence enshrined in law by the EU treaties.
Only a unanimous decision by all 27 member states can change that. The EU Commission must now accept this fact and leave us alone to rebuild our economy and enhance our reputation as a good place to do business.