Brussels/Luxembourg — Apple’s July court triumph over a huge EU 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 more than six years ago.
If Vestager opts to fight on at the EU court of justice, the bloc’s top tribunal, she risks overlooking criticism that the EU failed to prove “to the requisite legal standard” that Ireland’s tax deal broke state-aid law by giving the iPhone maker an unfair advantage. “We haven’t taken that decision yet,” she said. “As the commission always does, we wait until we’re closer to the deadline of the appeal question” before commenting.The speed at which some of these early cases were concluded — the first Belgian investigation took 11 months and Starbucks took 16 months — doesn’t match the current pace. The EU has been probing Inter IKEA’s Dutch tax arrangements since December 2017 and even extended the scope of the case in April.
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