LONDON (AP) — A legal opinion from an adviser to the European Union’s top court on Thursday suggested that Apple may have to pay billions of euros in back taxes to Ireland in a long-running dispute.
Advocate General Giovanni Pitruzzella said that a lower court decision stating that the U.S. tech giant doesn’t have to repay 13 billion euros ($13.9 billion) in taxes should be overturned.
The case, which began in 2016, drew strong reactions from Apple’s CEO Tim Cook and then-U.S. President Donald Trump, who criticized the EU Commissioner spearheading the tax investigation.
The European Union’s General Court ruled in 2020 that Apple did not receive illegal state aid through its tax deal with Irish authorities.
Pitruzzella recommended that the case be referred back to the General Court for a new decision, stating that it had made legal errors and needed to reassess the case.
While the European Court of Justice’s opinions are not legally binding, they are often followed by the court. A final decision is expected next year.
Apple expressed gratitude for the court’s consideration, maintaining that it had not received any selective advantage or state aid.
The European Commission, which initiated the tech crackdown, declined to comment. Its investigations into Apple’s payment platform and App Store, as well as increased scrutiny under new digital rules, are ongoing.
