Let them use Android…![]()
Apple has suffered a setback in its €13 billion ($14 billion) tax dispute with Brussels after an advisor to the EU's highest court said the company's victory in an earlier ruling should be thrown out (via Financial Times).
![European-Commisssion.jpg]()
Giovanni Pitruzzella, advocate-general of the European Court of Justice (ECJ), said on Thursday that Apple's win in the EU General Court "should be set aside" because it is riddled with mistakes.
While such opinions by advocates-general are non-binding, the top EU tribunal follows such advice in the majority of cases, and it is set to issue its binding ruling in the coming months.
In 2020, the General Court said it supported the EU's right to investigate national tax arrangements, but it ultimately overturned a ruling by the European Commission stating that Apple should pay €13 billion euros in tax to the Irish government.
Following Apple's appeal, the EU's second-highest court said the EU authority, led by antitrust chief Margrethe Vestager, had failed to show that Apple had received an illegal economic advantage in Ireland over tax.
Four years earlier, Apple CEO Tim Cook called the EC's original decision "total political crap" and said that Apple believed it would be reversed. "The decision is wrong, and it's not based on law or facts, it's based on politics. And I think it's very important that we stand up and say that very loudly," said Cook at the time.
However, Pitruzzella said on Thursday the General Court ruling had "committed a series of errors" and "failed to assess correctly the substance and consequences of certain methodological errors." Pitruzzella said the court needed "to carry out a new assessment" as a result.
Responding to the opinion of the advocates-general, Apple said on Thursday that the lower court "was very clear that Apple received no selective advantage and no State aid, and we believe that should be upheld."
An ECJ ruling is expected next year.
Article Link: Apple Could Pay 'Total Political Crap' $14 Billion Tax Bill to EU After All
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Apple Could Pay 'Total Political Crap' $14 Billion Tax Bill to EU After All
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Courts aren't democracies.
The General Court is subservient to the main court, and the main court invariably follows the opinions of the Advocate Generals. Apple seem to be skewered in this case. The whole reason for the EU to exist is to create the single market. If a Member State goes rogue and dishes out hugely advantageous State Aid then this is threatening the integrity of the single market, hence the Courts will act.
Did it ever occur to you to ask how it was that you came to not be under communist rule?
Right, the inconvenient fact that American idealism saved your continent.
The ECJ is made up of 27 senior judges, effectively one from each member state, and are tasked with ruling on whether EU law has been adhered to. The 11 advocate generals are specialist in aspects of EU and present legal opinions on cases assigned to them. Having had plenty of dealings with the ECJ professionally, they aren’t bureaucrats and it isn’t a kangaroo court. In your assessment is this based on personal experience or just from what you have read as it doesn’t match my experience?
How forists in here used to say, just get an adapter!
Anyway, i doubt that Apple will come with anything newer than USB-C in the next decades.
Simply because they still hold strong on USB2.0 transfer speeds, which is nearly 24 years old.
A new plug for old tech has no benefit, except to drive cable and adapter sales.
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Courts aren't democracies.
The General Court is subservient to the main court, and the main court invariably follows the opinions of the Advocate Generals. Apple seem to be skewered in this case. The whole reason for the EU to exist is to create the single market. If a Member State goes rogue and dishes out hugely advantageous State Aid then this is threatening the integrity of the single market, hence the Courts will act.
Alternatively the real work in the ECJ is done by the Advocate Generals and the Judges are there to provide a bit of window dressing for the Member States. Eg each MS nominates a couple of Judges to join the panel, but the reality of 27 Sovereign States is that you dont get terribly good law that way. Hence the Advocate Generals do the bulk of the work is broadly rubber-stamped by the Judges.
Huh? The system is literally like the US. An official (cf Solicitor General) makes a recommendation to the court. That is what happened here. Then, the court takes all the arguments into consideration and issues an opinion. That will happen next here, as the article says.
Yes and as a "punishment" Ireland will get the money back, that they used to illegally lure Apple into Ireland.
So you can have your cake and eat it ...
I'd also add: corporations don't pay taxes, people do through higher prices, lower dividends or lower salaries. So when this kind of thing happens, remember it is a stealth tax on everyone who uses and Apple product, works for Apple or owns Apple stock (e.g. though an ETF or retirement plan or in their brokerage account).
Apple is a hidden tax collector and makes a good target for bureaucrats who want more money but don't want to be seen raising taxes on the rest of us.
You always had the option to buy Android. Now we have no choice. We are stuck with an inferior cable because the EU is too busy avoiding actual problems.
What crime have they committed? Or do you believe people should be jailed simply because you disagree with them.
Nice whataboutism. You completely ignored the actual issue.Hmm how is that democratic?
Let me try to show...
View attachment 2309733
And then look at all the EU countries with "Full democracy"...
The Economist Democracy Index - Wikipedia
en.wikipedia.org
Quite frankly we should start jailing eu directors for their incompetence.
The EU seems determined to engage in economic terrorism.
The United States should respond accordingly, with massive sanctions on Airbus, Volkswagen, Siemens, Stellantis, etc.
The United States should respond accordingly, with massive sanctions on Airbus, Volkswagen, Siemens, Stellantis, etc.
I love it when people are shocked that tyranny can cut against their preferred vision.
The real question highlighted and people should ask is, why are so many multi-million dollar court case rulings across the US and EU countries get thrown out by ‘higher‘ courts? So why bother with those incompetent court systems than just going to the ‘higher‘ courts? How many of those case ruling have been similarly faulty but the defeated side could not afford to raise an appeal to the higher courts? And what’s to say those ‘higher’ courts are any less incompetent than the lower courts? Just a money wasting and incompetent judicial system!
The fact is that we haven't done it nearly enough, but people are somehow shocked that the ranks are filled with criminals.
Could you image going to court for something, getting the verdict of "Not guilty", then someone else comes along later and says, "actually it looks like we might of made some mistakes during the trail, and we would like to take you back to trial". I'd be terrified to live if the EU if they don't have any kind of protections against Double Jeopardy.
How does that drive cable and adapter sales? Your logic is flawed. Apple is saving you money by not requiring a thunderbolt cable. Which they could have.
This reminds me of the 1972 Olympic gold medal game in men’s basketball, where the referee kept changing the clock so the Soviets could win.
Yeah, but they'll feel so good about themselves for attacking and getting the big bad multinational. The feels are what matters, not any actual results.
Kind of like when US federal tax cuts are implemented and tax revenue actually increases. The feels are all "the sky is falling" and never care to look at the effect. Marxism is alive and well because emotions rule the day.
I am surprised that many people don't understand the fact that Ireland and Apple made a deal, to get neconcurențial business on one side and to avoid taxes on the other side. In a nutshell that is all that is happening here. Apple plays the card of "we didn't know" like not knowing is going to resolve anything.
Let's be honest, we like to make EU the bad guys, which they might be, but Apple is not innocent either. We as a consumer we'll pay the price (just like we pay premium for extra 8 GRAM
)
Let's be honest, we like to make EU the bad guys, which they might be, but Apple is not innocent either. We as a consumer we'll pay the price (just like we pay premium for extra 8 GRAM
)