U.S. Chamber Statement on Latest EU State Aid Ruling

Tuesday, August 30, 2016 - 5:15pm

WASHINGTON, D.C.— U.S. Chamber of Commerce Executive Vice President and Head of International Affairs Myron Brilliant issued the following statement on the European Commission’s decision against Apple for tax arrangements with Ireland that are deemed to violate EU State Aid laws:

“This morning’s announcement by the European Commission that Apple must pay taxes and interest of more than $14.5 billion calls into question the ultimate legal authority of European national tax regimes and threatens to drive away international investment. The Chamber disagrees with the ruling.

“The Commission’s use of its State Aid rules to invalidate national tax laws retroactively is an example of overreach. Businesses should not be caught in the crossfire in a dispute between EU Member States, which have exclusive competence over taxation, and the European Commission, which enforces State Aid laws. It is indeed telling that the Irish government plans to appeal a ruling that ostensibly would add several billion Euros to its coffers.

“Today’s ruling and others like it call into question thousands of legal arrangements between companies and Member State governments. The retroactive nature of this ruling is particularly egregious. Lastly, today’s dwarfs prior Commission rulings tenfold, which feeds the perception that the Commission is unfairly targeting U.S. businesses in its State Aid investigations. When coupled with ongoing competition investigations against several U.S. manufacturers, technology companies, and services providers, this ruling raises significant new questions about Europe’s attractiveness as an investment destination for U.S. business.”