Thursday, 26 September 2019

Questions (32, 44)

Pearse Doherty


32. Deputy Pearse Doherty asked the Minister for Finance when the appeal against a ruling by the EU Commission (details supplied) will conclude; and if he will make a statement on the matter. [39084/19]

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Richard Boyd Barrett


44. Deputy Richard Boyd Barrett asked the Minister for Finance the cost to date and the projected costs for the entire case for the Irish legal team taking an appeal against an EU ruling (details supplied); and if he will make a statement on the matter. [38984/19]

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Written answers (Question to Finance)

I propose to take Questions Nos. 32 and 44 together.

The Government profoundly disagrees with the Commission’s analysis in the Apple State aid case. An appeal has therefore been brought before the European Courts. Such an appeal takes the form of an application to the General Court of the European Union, asking it to annul the Decision of the Commission.

The Attorney General prepared the legal grounds in support of the annulment proceedings and the application has been lodged in the General Court of the European Union.

As is normal practice, a summary of the legal grounds for the appeal have been published in the Official Journal of the European Union.  They were also published on the Department of Finance’s website in December 2016. The oral hearing for the appeal took place at the General Court of the European Union on 17 and 18 September 2019 and an overview of Ireland’s position at the oral hearing was published on the Department’s website.

The cumulative cost to date in respect of the entire appeal and recovery in the Apple case is in the order of €7.2 million (including VAT). This includes all legal costs, consultancy fees and other associated costs. These fees have been paid by the Department of Finance, Revenue Commissioners, NTMA, Central Bank of Ireland, Attorney General's Office and Chief State Solicitor's Office.

It will most likely be several years before the full process of litigation, which may include engagement with the European Court of Justice, is ultimately concluded. For this reason, it is not possible to have a fixed projection of costs for the entire case.

This case has involved a significant degree of legal and technical complexity and additional expertise has been engaged where required. With regard to future anticipated costs, as it is and will continue to be an important issue for the State, it will continue to be appropriately resourced.