Epic is asking District Judge Yvonne Gonzalez Rogers to order Apple to review — and approve if compliant with Apple’s guidelines — Epic’s submission of Fortnite to the US App Store in a new court filing. The company argues in the document that Apple is once again in contempt of the judge’s April order restricting it from rejecting apps over their use of outside payment links.
In a letter from Apple that Epic shared late Friday, Apple writes that it won’t “take action on the Fortnite app submission until after the Ninth Circuit rules on our pending request for a partial stay of the new injunction.” Epic claims the delay is retaliation for its legal fight with the company, and notes in its filing that Apple “expressly and repeatedly” told it and the court that it would approve Fortnite if the app complied with Apple’s guidelines, which it insists its current submission does.
Following Gonzalez Rogers’ decision in April, Epic said Fortnite would return to the US App Store. The company has since submitted the game twice, most recently to include content from an update to the EU version of the game. But instead of Apple approving Fortnite in the US, the game disappeared from the EU App Store.
Epic claimed that was because it can’t release in the EU because of Apple’s decision to block its US submission. Apple said it had merely asked that it resubmit the app without including the US storefront, “so as not to impact Fortnite in other geographies.” But in a post announcing its new filing, Epic claims that would mean it has to submit multiple versions of the app, which it says is against Apple’s guidelines.
Epic is asking that the court enforce its injunction, find Apple in contempt again, and require the company to “accept any compliant Epic app, including Fortnite, for distribution on the U.S. storefront of the App Store.”
The hitch here is that throughout this case, Judge Gonzalez Rogers hasn’t gone so far as to require Fortnite’s return to the store, finding in her 2021 ruling that Epic had still knowingly broken its developer agreement with apple. 9to5Mac writes that the judge would likely need to agree that Apple is once again in contempt of court, as she did in her April 30th ruling. The difference between now and then — and what could work in Epic’s favor — is just how annoyed she seemed with Apple in the text of that ruling.
Apple did not immediately respond to The Verge’s request for comment.