In a statement released on Tuesday morning, the Government said: "We will consider the judgment carefully when it is circulated.
"The Irish position has always been that Ireland does not give preferential tax treatment to any companies or taxpayers.
"The CJEU has found that the tax paid was insufficient and that a greater amount of taxation was required to be recovered. Ireland will of course respect the findings of the Court regarding the tax due in this case.
"Today’s judgment provides the final determination in this case and the process of transferring the assets in the Escrow Fund to Ireland will now commence in the manner prescribed in the Deed governing the operations of the Escrow Fund."
Ireland described the findings as of "historical relevance only", adding that it has already introduced changes to the law regarding corporate residence rules.
Earlier today, it was revealed Ireland is required to recover more than €13 billion in back taxes from Apple, following a decision of Europe’s top court.
The European Court of Justice (CJEU) decision restores a 2016 European Commission ruling that Ireland gave undue tax benefits to Apple, which would be illegal under EU state aid rules.
The €13bn has been sitting in an escrow account since 2016.
The decision was the final legal challenge against an order from the bloc’s executive commission to repay €13 billion in back taxes to Ireland, bringing an end to the long-running dispute.
The European Court of Justice overruled a lower court’s earlier decision in the case, saying it "confirms the European Commission’s 2016 decision: Ireland granted Apple unlawful aid which Ireland is required to recover."
It had been argued by both successive Irish Governments and Apple that the tax is not owed. However, the EU Commission pressed on with the case which has spanned eight years.
"The Court of Justice gives final judgment in the matter and confirms the European Commission’s 2016 decision: Ireland granted Apple unlawful aid which Ireland is required to recover," the court said.
With the the Court of Justice of the European Union the highest court in the EU, today’s ruling is binding.
Apple sells the rights of the brand to other branches of the business from its intellectual property headquarters.
The iPhone maker gained the upper hand in the long-running Ireland case in 2020, when the EU’s General Court annulled the order for Apple to pay the taxes owed — a decision Brussels appealed.
It had been one of several investigations in the previous decade into sweetheart tax arrangements between major companies and several EU countries.
It was argued by the European Commission that the profits should be taxed through the Irish Revenue Commission due to the entities being based in Ireland.
Additionally, the Irish Government argued that this would breach the country’s tax sovereignty.
But Apple was dealt a blow in November last year when the top legal adviser of the higher European Court of Justice recommended scrapping that decision, saying it was peppered with legal errors.
The ruling marks a major result for the bloc’s outgoing competition chief, Margrethe Vestager, who has suffered a series of setbacks in EU courts against her decisions.
The case drew outrage from Apple when it was opened in 2016, with CEO Tim Cook calling it "total political crap."
* This article was originally published on Extra.ie.
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