Epic to Apple: Let Fortnite Back In or Face the Consequences

Epic to Apple: Let Fortnite Back In or Face the Consequences

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Written By Eric Sandler

The standoff between Epic Games and Apple is heating up again and this time, it’s not just about payment systems. It’s about whether Apple is actively defying a court order.

On Friday, Epic filed a legal motion asking Judge Yvonne Gonzalez Rogers to force Apple to approve Fortnite for the US App Store. At the center of the motion is a claim that Apple is deliberately stonewalling Fortnite‘s return, despite a clear judicial order from earlier this year that banned Apple from blocking apps based on their use of outside payment links.

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Epic argues that it submitted a version of Fortnite that meets Apple’s guidelines and complies with the court’s ruling. But Apple has reportedly refused to review or approve the app until the Ninth Circuit Court of Appeals rules on Apple’s pending request for a partial stay of the injunction. In short: Apple wants to pause the judge’s order before doing anything. Epic sees that as a stall tactic and a direct violation of the court’s ruling.

“Apple is in contempt,” Epic claims in the motion, stating that this delay is not only unlawful but also part of a pattern of retaliation linked to Epic’s ongoing legal challenges.

Apple’s Position: Wait for the Courts

In a letter made public by Epic, Apple stated that it “won’t take action on the Fortnite app submission until after the Ninth Circuit rules” on its request to pause part of the injunction. From Apple’s perspective, it’s simply waiting for legal clarity before making a decision that could set a precedent.

But to Epic, that’s not good enough, especially since Apple has previously assured both the company and the court that it would not block compliant apps.

“Apple has reversed course,” Epic says. “It’s delaying on purpose, and that delay has consequences.”

And those consequences are already showing.

Fortnite Disappears From the EU App Store

According to Epic, the holdup in the US has already triggered fallout overseas. On Friday, Fortnite was removed from the EU App Store, and Epic blames Apple’s refusal to process the US app submission.

Apple, in response, reportedly suggested a workaround: resubmit the app with the US storefront removed to avoid impacting its availability in other regions.

That workaround, Epic argues, should not be necessary. The company insists it’s entitled to equal access to the App Store across all regions, especially when it has complied with the latest developer rules.

Epic Wants Action — Fast

In its motion, Epic isn’t just asking for Fortnite to be reinstated. It’s also pushing for the court to:

  • Enforce the injunction that prevents Apple from rejecting apps based on their use of external payment links
  • Hold Apple in contempt of court
  • Order Apple to accept and approve any compliant Epic app, including Fortnite, for distribution in the US App Store

This is a bold legal move, but not unexpected. Judge Gonzalez Rogers has already shown frustration with Apple’s handling of the injunction. In her April 30 ruling, she openly criticized the company’s approach and warned that further resistance could lead to consequences.

What Happens Next?

The ball is now back in the court’s hands. Judge Gonzalez Rogers must decide whether Apple is out of line and whether Epic’s latest request has merit.

The ruling could have a ripple effect not just for Fortnite, but for the entire mobile app ecosystem. If the judge sides with Epic, it could signal stricter enforcement of App Store reforms. If she gives Apple more time, it may set a precedent for delaying compliance in other legal battles.

For now, Fortnite remains in limbo on the US App Store. And with tensions rising on both sides, this fight is far from over.

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Eric Sandler

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