Epic Games has submitted a new motion to District Judge Yvonne Gonzalez Rogers, requesting that she compel Apple to review and potentially approve its latest submission of Fortnite to the US App Store. The company maintains that Apple is once again violating a prior court ruling that limits its ability to reject apps based on their inclusion of external payment links.
In a letter that Epic released on Friday, Apple indicated it would withhold action on the submission until the Ninth Circuit makes a decision regarding its pending request for a partial stay of a new injunction. Epic has countered this stance by asserting that the delay stems from Apple’s retaliation against its legal actions. The filing emphasizes that Apple previously assured both Epic and the court that compliance with its guidelines would lead to the approval of Fortnite, a condition Epic believes it has met.
After Judge Gonzalez Rogers issued her ruling in April, Epic had announced plans to bring Fortnite back to the US App Store. Despite submitting the game on two occasions — including a recent update relevant to the EU version — Apple has not approved the app. Instead, Fortnite has been temporarily removed from the EU App Store.
Epic attributes the disappearance from the EU App Store to Apple’s obstruction of its US submission. Apple claims it simply requested a resubmission of the app without the US storefront, stating this would prevent any adverse effects on Fortnite in other regions. However, in a recent social media announcement, Epic argued that this strategy forces the company to create multiple app versions, which it contends violates Apple’s own guidelines.
In its court filing, Epic seeks enforcement of the injunction originally issued by the court, a declaration that Apple is again in contempt, and a directive for the tech giant to accept any Epic app that meets compliance standards, including Fortnite, for publication on the US App Store.
The complexity of the situation lies in the fact that Judge Gonzalez Rogers has yet to mandate the return of Fortnite to the App Store. Her 2021 ruling indicated that Epic had knowingly breached its developer agreement with Apple. According to 9to5Mac, the judge would likely need to find Apple in contempt of court for a second time, similar to her earlier ruling from April 30th. Notably, the tone of her recent decision suggests a growing frustration with Apple, which may influence her forthcoming judgment.
As of now, Apple has not provided any commentary in response to a request from Technology News.
