Apple court triumph forces tough choice for EU’s tax crusade

Apple Inc.’s July court triumph over a massive European Union back-tax order is forcing antitrust chief Margrethe Vestager to make a tough choice: Challenge a ruling that faulted the EU investigation or accept judges’ criticisms and re-examine a case started more than six years ago.

Her dilemma about whether to appeal before a late-September deadline shows how court rebukes have bogged down probes that were once swift and lethal. The EU targeted big names, triggering changes to taxation across Europe. The 13 billion-euro ($15.4 billion) demand for Apple was its crowning achievement.

“The European Commission may very likely appeal the judgment of the General Court in the Apple case, if only to save face,” said Howard Liebman, a tax attorney with Jones Day in Brussels. “It will be a very rough row to hoe, given the very detailed and fact-oriented decision“ from the EU’s second-highest tribunal.