General Court of the EU annuls the EC’s decision in Apple

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July 2020

Overview

The General Court of the European Union, on July 15, rendered its judgment (T-778/16 and T-892/16) regarding the action brought by Apple Sales International, Apple Operations Europe, and Ireland for the annulment of the final State aid decision of the European Commission of August 30, 2016 on Apple (SA.38373). The GC annulled the EC’s decision because the EC did not demonstrate the existence of an economic advantage within the meaning of EU State aid rules.

The takeaway

It remains to be seen whether the EC will seek to appeal the GC judgment before the European Court of Justice and what the implications of this judgment are for the other ongoing State aid cases that concern transfer pricing.

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Doug McHoney

International Tax Services Leader, PwC US

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