Irish appeal to Apple tax ruling could take six years or more

An Irish appeal against the European Commission’s €13 billion Apple tax ruling could last six years, according to commercial firm LK Shields.

Marco Hickey, head of the EU, competition and regulated markets team at LK Shields, told The Irish Times that an appeal by the Department of Finance would go to the General Court in Luxembourg in the first instance.

He said a case before the General Court in Luxembourg is mainly conducted in written form and takes 24-36 months.

However, the judgment of the General Court could be challenged, either in part or in whole, before the European Court of Justice, which would take up to another three years.

Finance Minister Michael Noonan failed in an earlier bid to persuade his Cabinet colleagues to back an appeal to the ruling, but a further meeting taking place today will see the issue explored further.

According to reports, governing Fine Gael has had difficulty securing agreement with its Independent Alliance coalition partners, who have called for an early recall of the Dáil to discuss the ruling.

Independent TD and Children’s Minister Katherine Zappone met with Attorney General Máire Whelan for a combined three hours yesterday to seek clarity on the ruling, the Irish Examiner reports.

Apple could also exercise its right to lodge its own appeal and is reportedly instructing Andreas von Bonin, a Brussels partner at Freshfields Bruckhaus Deringer, on the matter.

According to The Lawyer, Apple is also speaking to a number of Irish firms to be instructed alongside Freshfields and has also involved US firm Gibson Dunn & Crutcher.