Written answers

Tuesday, 16 January 2018

Department of Finance

Departmental Expenditure

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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209. To ask the Minister for Finance the cost to date in appealing the EU state aid ruling on a case (details supplied); the cost to date in the establishment of an escrow account and other costs related to the collection of the €13 billion plus interest from the company; and if he will make a statement on the matter. [55082/17]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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The Government disagrees profoundly with the Commission's analysis in the Apple State aid case and is challenging the Commission's decision before the European Courts.

The Irish authorities engaged fully with the Commission throughout the State aid investigation. This involved a significant degree of legal and technical complexity, and additional expertise has been engaged where required. During the investigation, detailed and comprehensive responses were provided to the Commission to demonstrate that the appropriate amount of Irish tax was charged in accordance with the relevant legislation, that no selective advantage was given and that there was no State Aid. This has continued with the annulment application that has been lodged in the General Court of the European Union.

Notwithstanding the appeal in the Apple State aid case and the difference in view between Ireland and the Commission on the issue, the Government is committed to complying with the binding legal obligations the Commission’s Final Decision places on Ireland. 

Significant progress has been made on this complex issue and the establishment of an escrow fund, in compliance with all relevant Irish constitutional and European Union law requirements, is close to completion. Officials and experts from across the State have been engaged in intensive work to ensure that Ireland complies with all its recovery obligations as soon as possible.

Over the past four years approximately €5 million (including VAT) has been paid in total, of which approximately €2.5 million relates to the recovery process. 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.

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

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