May 19, 2025 14:05:00

Epic sues Apple for refusing to approve Fortnite for the App Store, arguing refusal is in contempt of court

In a court case involving the removal of the game 'Fortnite' developed by Epic Games from the App Store, Epic Games' claims were partially accepted, and Epic Games is in the process of returning Fortnite to the App Store, but this has not been approved. Epic Games filed a petition in court alleging that Apple's deliberate delay could lead to contempt of court.

PLAINTIFF EPIC GAMES, INC.'S NOTICE OF MOTION AND MOTION TO ENFORCE INJUNCTION
(PDF file)

https://cdn2.unrealengine.com/05-16-25-epic-games-filing-16f7f43cb85d.pdf

Yesterday afternoon, Apple broke its week-long silence on the status of our app review with a letter saying they will not act on the Fortnite app submission until the Ninth Circuit Court rules on the partial stay. We believe this violates the Court's Injunction and we have filed…

— Epic Games Newsroom (@EpicNewsroom) May 17, 2025

Epic asks judge to reinstate Fortnite on the App Store - 9to5Mac
https://9to5mac.com/2025/05/16/epic-asks-court-to-compel-apple-to-reinstate-fortnite-on-the-app-store/

Epic asks judge to make Apple let Fortnite back on the US App Store | The Verge
https://www.theverge.com/news/669047/epic-fortnite-filing-apple-app-store-review-order

The incident began when Epic Games implemented its own in-app payment system in Fortnite. Apple removed Fortnite as a violation of its terms of use, and Epic Games sued Apple in August 2020.

Epic Games points out that the problem is that in-app payments for apps distributed on the App Store can only be made using payment methods designated by Apple, and that a 30% fee is imposed on those payments. Epic Games continued its legal battle, arguing that this fee is too high and not allowing alternative external payment methods is a hindrance to fair competition, and in 2021 won a court order to allow external payments.

However, because Apple also imposed fees on external payments, Epic Games filed a similar lawsuit in protest and succeeded in getting a court order to prohibit fees from being imposed on external payments in April 2025. The judge in charge of this case alsocriticized, saying , 'When we allowed external payments, we were under the assumption that there would be no fees at all.'

As the court ruled in favor of the game, Epic Games is in the process of returning Fortnite, which includes its own payment method, to the App Store, but even though a week has passed since the application, it has still not been approved.

Apple sent

a letter to Epic Games stating, 'We have requested a partial stay of the new order, and will not process Epic Games' application until the court issues a decision on this matter.' Apple also said, 'As of August 2020, Epic Games admitted to violating the license, and we have already cancelled Epic Games' developer membership. This matter has been found not to be illegal in court,' and indicated that even if apps with their own payment methods are allowed, it is up to Apple to reinstate Epic Games' membership.

In response, Epic Games filed a lawsuit against the company, alleging that the company was ignoring a court order that required apps with external payment methods to be allowed.

The problem here is that the judge never ruled that Epic Games should reinstate the membership.

Although Fortnite had resumed distribution in the EU in accordance with EU law, Epic Games suspended distribution in the EU upon this complaint. Epic Games explained that 'Apple itself encouraged us to submit two versions of Fortnite, which violates Apple's guidelines that prohibit the submission of multiple versions of the same app.' Meanwhile, Apple reportedly issued a statement saying, 'We only asked them to remove the United States from the distribution area, and it will continue to be allowed in the EU.'