Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

State Aid

Dáil Éireann Debate, Thursday - 17 May 2018

Thursday, 17 May 2018

Ceisteanna (61)

Pearse Doherty

Ceist:

61. Deputy Pearse Doherty asked the Minister for Finance if the United States Government has sought a role in aspects of a case (details supplied); and if he will make a statement on the matter. [21846/18]

Amharc ar fhreagra

Freagraí scríofa

The Government profoundly disagrees with the European Commission’s analysis in the Apple State Aid case.

An appeal is therefore being brought before the European Courts. Such an appeal takes the form of an application to the General Court of the European Union (GCEU), asking it to annul the Commission’s Final Decision.

The Attorney General prepared the legal grounds in support of the annulment proceedings and the application was lodged in the GCEU in 2016. As is normal practice, a summary of these 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 case has been granted priority status and is progressing through the various stages of private written proceedings before the GCEU. It is at the discretion of the court to determine if there will be oral proceedings, either in public or in private. It will likely be several years before the matter is ultimately settled by the European Courts.

As this is the subject of open legal proceedings, it will not be possible to comment further, in particular on any of the individual elements of the State’s legal case in defence of our position. This is important to ensure that we do not prejudice our own legal case.

All Member States have legal standing to intervene in proceedings that go before the European Courts and do so from time-to-time if it is considered that a case raises particular points of relevance for their country. They therefore may intervene in the Irish appeal, and it is a matter for each Member State to make that decision.

Apple have also initiated their own distinct annulment proceedings in the court. As this is Apple’s own legal case, it is not appropriate to comment on any proposed interventions in their case as this is a matter for the respective parties. However, I can confirm that Ireland has intervened in that case to ensure that the best possible case for Ireland is presented to the court on all matters relating to the Apple State Aid Decision.

Barr
Roinn