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The outcome of the Apple EU state aid case turned on a procedural issue and might have been different if the company had filed a cross-appeal, according to Court of Justice Advocate General Juliane Kokott. In an interview with Tax Notes, Kokott explained that the win for the European Commission in European Commission v. Ireland (C-465/20 P), decided by the Court September 10, was “a bit surprising and only based on procedural grounds.” State aid cases rely on a reference system, national law, which allows a comparison to be made to determine if one company is treated better than others. “The issue here was whether the Court correctly defined this comparison basis. The Court of Justice left that open. Since Apple did not file a cross-appeal — only the Commission did — the reference system stood, and Apple lost the case. The key question is whether Apple should have known that it should file a cross-appeal,” Kokott said. “Now the decision is final and cannot be touched anymore. I doubt that it's a strong precedent,” Kokott added. Read more ⬇️

AG Kokott Casts Doubt on Apple Case Setting Strong Precedent | Tax Notes

AG Kokott Casts Doubt on Apple Case Setting Strong Precedent | Tax Notes

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