Windsor Framework & Northern Ireland Protocol Overview
Apple case: Await CJEU decision
General Court found in Ireland/Apple's favour; AG proposes that Court set aside this judgment
In 2016, the European Commission ruled that Ireland illegally provided State aid of up to €13bn, plus interest to Apple. This
figure was based on the tax foregone as a result of a historic provision in Ireland's tax code. The Irish Government closed
this provision on December 31st 2014. This case had nothing to do with Ireland's current corporate tax rate or regime.
Apple appealed the ruling, as did the Irish Government. The General Court granted the appeal in July 2020, annulling the
EC's ruling. The Commission then appealed to a higher court: the Court of Justice of the European Union (CJEU).
The Advocate General (AG), an official adviser to the court, delivered his opinion on 9 November 2023. The AG
recommended that the CJEU set aside the 2020 ruling and refer it back to the General Court for a new decision. The AG
opinion does not form part of the CJEU's judgment but is considered by the Court when arriving at its final judgment.
The CJEU will issue its final judgement at a later date. Pending the outcome of the legal process, the €13bn plus EU interest
will remain in an escrow fund.
The NTMA has not included these funds in any of its issuance plans in the past or currently. The funds are seen as
separate and will be returned to Apple if the General Court's decision is upheld.
Gníomhaireacht Bainistíochta an Chisteáin Náisiúnta
National Treasury Management Agency
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