Apple vs. Epic: Appeals Court lifts suspension Apfelpatient

The US Court of Appeals has revoked a previously granted stay of execution of the App Store ruling – a setback for Apple shortly before its planned appeal to the Supreme Court.

The legal battle between Apple and Epic Games has entered a new round – and this time with a clear defeat for Apple. The US Court of Appeals for the Ninth Circuit has revoked its previously granted stay of execution of a key App Store ruling. Apple has thus lost an important interim measure that was intended to buy the company time for a planned appeal to the Supreme Court.

What had happened?

In early April, the US Court of Appeals for the Ninth Circuit granted Apple's request to temporarily suspend a preliminary ruling. This ruling obligates Apple to relax its App Store rules regarding alternative payment methods. For Apple, the pause was an important interim victory: it was intended to give the company time to request a fundamental review of the ruling from the Supreme Court – the highest court in the US.

Epic Games immediately appealed this pause. The game developer filed two motions, arguing that Apple was merely delaying the implementation of an already legally binding ruling. Apple defended its decision in a response, Epic reiterated its position – and it was precisely this exchange that led to today's ruling.

The decision of the appeals court

Yesterday evening (local time), the US Court of Appeals for the Ninth Circuit granted Epic's motion for reconsideration, thereby lifting its own stay decision. In its ruling, the court stated that it had been persuaded by Epic's arguments: Apple had not convincingly demonstrated that the Supreme Court would take up the case or overturn the judgment. Furthermore, Apple was unable to provide sufficient "good cause" for maintaining the stay.

The ruling also indicates that Apple failed to demonstrate "irreparable harm" that would result from continuing the proceedings in the lower court. Even if the Supreme Court were to ultimately agree with Apple's arguments, further hearings would still take place in the district court—for example, regarding the appropriate commissions Apple could charge in the future.

Epic Games' response

Epic Games reacted immediately to the decision. The game developer stated on X that "Apple's delaying tactics are over." Tim Sweeney, CEO of Epic Games, added: The case now returns to Judge Yvonne Gonzalez Rogers, who will clarify what fees Apple is allowed to charge for alternative payment methods to cover the costs of app review.

From Apple's perspective, this is a painful development: The central point of contention – namely the infamous 27 percent fees on external purchases – is once again on the negotiating table. Apple itself has not yet commented publicly on the decision.

What this means for developers and users

The decision has immediate consequences for the App Store rules in the US. Apple must now, at least formally, continue to implement the relaxations stipulated in the preliminary ruling, instead of being able to continue ignoring them. For US developers, this means that external payment methods remain possible, without Apple being able to ease the pressure. For users, this could lead to more choice in payment models in the long run – even if the practical effect is currently limited.

It's important to emphasize that today's ruling applies exclusively to the US. In the European Union, the Digital Markets Act, which has been forcing Apple to implement significantly broader openings since 2024, is already in effect. The dispute with Epic is therefore just one of several areas where Apple's App Store model is under pressure worldwide. We previously reported that Apple was preparing to take the matter to the Supreme Court – today's decision significantly complicates this plan.

What happens now

With today's resumption of the recess, the case returns to the original District Judge, Yvonne Gonzalez Rogers. She will now clarify the outstanding details—in particular, what commissions Apple will be allowed to charge on external payment transactions in the future. Apple itself still has the option of requesting the Supreme Court to hear the case. However, the appeals court made it clear in its reasoning that it considers such a hearing unlikely—a clear signal to all parties involved.

From our perspective, this is a landmark decision. Apple's App Store model is facing increasing pressure worldwide. While the EU has already prevailed with the Digital Markets Act, a key mechanism now appears to be permanently dismantled in the US as well. For Apple, this means that lower commission revenues from alternative payment methods are realistic in the medium term. For developers and consumers, it represents a slow but steady step towards more choice within the app ecosystem.

Apple vs. Epic: What happens next?

The US Court of Appeals for the Ninth Circuit has lifted its previous stay of execution against Apple in the App Store ruling. Apple can no longer hope for a swift resolution from the Supreme Court and must instead rehear the central issue of commissions before the district judge. Epic Games views this move as a significant victory in the years-long dispute over the App Store rules. Apple itself has not yet commented publicly. (Image: Shutterstock / Pix Lab)