4 ms·
There is no reinterpretation going on here. Apple never asked the EU. Apple went to Ireland "hey, guys, do you think it is okay to do this?" .. Ireland said ye
by sgift 10y ago
There is no reinterpretation going on here. Apple never asked the EU. Apple went to Ireland "hey, guys, do you think it is okay to do this?" .. Ireland said yes, but Ireland has no authority here. The EU, which has authority, checked it and said "nope, your interpretation is wrong." - Simple as that.
If I ask someone on the street if its okay to steal from the rich, he says "yes" and I steal from the rich, no one would bat an eye if the courts didn't agree with my "interpretation" of the law and put me behind bars. And no one would accept it as a legal defense if I said "but hey, that guy over there said it is okay to do this!" - why should it be different for companies?
- johnnyhillbilly 10y agoIreland does have the authority, but: 1. They have applied their own laws in a way that amounts to subsidies, and 2. The corporate structure turned out to be fictional, and allocations of profits were therefore also fictional. ("Arm's length" and all that.) They even open the door for national tax authorities to use their findings and evaluate for profit shifting. This is an inspirational moment - too long have tax treaties favoured those willing to break the spirit of the law and weigh down the little man with the consequences!