30 August, 2016.
The EU Commission today has announced its decision in relation to its investigation relating to whether or not certain interactions between the Irish authorities and Apple amounted to State aid. In its announcement, the Commission has explicitly stated that “this decision does not call into question Ireland's general tax system or its corporate tax rate”.
The Irish Government has today made it clear that it profoundly disagrees with the Commission’s decision and will be vigorously appealing the decision in the EU General Court.
On an initial review, the analytical basis for the Commission’s decision would appear to be at odds with generally accepted international tax/OECD principles and it is difficult to see how it would withstand legal challenge.
The American Chamber understands that no other company with Irish operations is under review by the Commission for State Aid purposes.