Epic Games has launched a new legal challenge against Apple, accusing the tech giant of violating a federal court injunction by refusing to process a Fortnite app submission intended for the US App Store.

The dispute escalated on May 16, when Epic filed a motion with the US District Court for the Northern District of California, alleging that Apple’s refusal to act on its latest submission constitutes unlawful retaliation and a breach of the court’s prior rulings.

We obtained a copy of the motion for you here.

Apple’s decision, communicated through a letter on May 15, came after days of silence. The company told Epic it would not evaluate the app until the Ninth Circuit Court of Appeals ruled on Apple’s request for a partial stay of a recent contempt order issued against it.

We obtained a copy of the letter for you here.

Epic argues that this delay directly undermines the injunction issued in 2021, which the court recently reaffirmed following a finding that Apple had “willfully violated” its terms by imposing anti-steering restrictions on developers.

“We believe this violates the Court’s Injunction and we have filed a second Motion to Enforce Injunction,” Epic stated publicly.

According to court filings, Epic had submitted a new version of Fortnite on May 9 using a developer account in good standing. This version offered users the choice between Apple’s in-app payment system and an external link to Epic’s website, aligning with updated App Store guidelines Apple adopted after the contempt ruling.

Despite Apple’s general claim that 90% of app reviews are completed within 24 hours, Epic’s app received no response for five days. On May 14, Epic withdrew the outdated build and submitted a newer version, which Apple still declined to review.

In its court motion, Epic argues that Apple’s inaction is punitive. The company contends that Apple is using its discretion under the Developer Program License Agreement (DPLA) to obstruct Epic’s ability to distribute Fortnite, despite Apple previously assuring both the court and Epic that Fortnite would be welcome back on the App Store if it complied with Apple’s guidelines.

“Apple is again retaliating against Epic for challenging the legality of their anticompetitive behavior and we will fight on,” Epic said.

Apple maintains that its actions are within its rights, referencing a 2021 stipulation that allows it to terminate developer agreements with Epic and its affiliates at its discretion. The company reiterated in its letter that this discretion remains intact despite ongoing disputes over the scope of the court’s injunction.

However, Epic argues that contractual rights cannot supersede a federal court order. “Apple’s contractual right to refuse to carry Fortnite is subject to the terms of the Court’s Injunction,” the filing states, adding that allowing Apple to block submissions due to enforcement efforts would “completely negate the Injunction.”

The original injunction, issued in 2021 and upheld by the Ninth Circuit in 2023, prohibits Apple from restricting developers from including external links or buttons in apps that direct users to alternative payment methods. A recent contempt ruling by Judge Yvonne Gonzalez Rogers expanded the order, banning Apple from interfering with compliant submissions.

Epic is now seeking a court mandate that would compel Apple to process its app submission without delay and to permit any version of Fortnite that complies with current App Store policies.

A hearing on the motion is scheduled for later this month.

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