The tax match between EU Antitrust and Apple, which won the first round in July, is not over. Margaret Wester, vice president and competition commissioner, said the commission had appealed to the European Court of Justice last July against the EU court ruling. Ireland overturns Brussels decision on illegal state aid to Apple
Preventive tax agreements
In 2016, the European Union Antitrust established that Dublin would recover 13 13 billion in illegal government aid as a result of two defense tax agreements.Tax judgment) As determined in 1991 and 2007, this allowed Apple to avoid paying taxes on all profits from sales in the European Union, Africa and the Middle East. The July decision was a major blow to EU policy pursued by the Commission against unfair tax competition between EU countries, repealing fines and reiterating that states have sovereignty over tax matters.
The court’s verdict – Wester explains in a note – raises important legal issues, and the Commission respects that the court made a number of legal errors in its judgment. For the Commission, ensuring that all companies, large and small, pay their reasonable taxes remains a priority. Although member states have the power to determine tax legislation, Westerger ressed that the tribunal has repeatedly upheld the principle that they must comply with EU law, including state aid laws. The EU reversed the court’s decision – explaining the verdict – because the Commission had not been able to legally adequately demonstrate the existence of anti-competitive gains under Art. 107. The European Union Antitrust does not agree and hence the decision to appeal.
If member states allow certain multinational tax benefits that are not available to their rivals – Vestager concludes – this violates state aid laws and destroys fair competition in the European Union. Companies must continue to use all the tools we have to ensure that they pay their fair share of taxes.