Ireland Asserts Tax Sovereignty in European Commission Legal Battle

Ireland’s Finance Ministry is not holding back in the battle with the European Commission. In a legal briefing over the Apple Tax case the Irish government argues that:

  • The Commission has misunderstood the relevant facts and Irish law
  • The Commission has misapplied State Aid law
  • The Commission wrongly invokes novel legal rules
  • The Commission has exceeded its powers and interfered with national tax sovereignty

There is no doubt that the Commission is trying to use State Aid laws to thwart Ireland’s competitive tax regime over which the EU has no competence. Ironically if Ireland loses it gets a windfall of €13 billion in taxes (about €2,600 per person). That is enough to wipe out the budget deficit for a couple of years…

Nevertheless it is a fight that Ireland wants to win. Post-Brexit Ireland wants to be seen as corporate America’s best friend in the EU. Ireland is looking to a high-tech future across the Atlantic…


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