Epic Games is continuing its campaign to get Fortnite back on the iPhone in the U.S., and it's looking like Apple might have to fold. Last week, Apple refused to allow Fortnite in the U.S. App Store and ignored Epic Games' submission, and because Epic Games tied the update to Fortnite in the EU, Fortnite has been offline on iOS devices worldwide since Friday.
With Apple blocking Fortnite from returning to the U.S. App Store, Epic Games told the court that Apple was violating the injunction and asked that Apple be forced to approve the app. The judge overseeing the case responded to Epic's request today, and she is sounding more and more fed up with Apple's continued defiance and Epic's grousing.
If Apple does not approve Fortnite in the U.S. App Store and resolve its current dispute with Epic Games without the court's intervention, there will be a hearing on May 27, and the "Apple official" who oversees compliance will need to attend in person. That could mean App Store chief Phil Schiller or another executive.
The Court is in receipt of Epic Games, Inc.'s Motion to Enforce the Injunction. The Court thus issues this Order to Show Cause as to why the motion should not be granted. Briefing shall occur on the schedule listed below and shall include the legal authority upon which Apple contends that it can ignore this Court's order having not received a stay from the Ninth Circuit Court of Appeal even though its request was filed twelve days ago on May 7, 2025.
Obviously, Apple is fully capable of resolving this issue without further briefing or a hearing. However, if the parties do not file a joint notice that this issue is resolved, and this Court's intervention is required, the Apple official who is personally responsible for ensuring compliance shall personally appear at the hearing hereby set for Tuesday, May 27, 2025 at 9:00 a.m. in the United States District Court, Northern District of California, Oakland, California, Courtroom One.
Apple told Epic Games [PDF] that the injunction does not change its legal right to have terminated the Epic Games developer account back in 2020. Apple also reiterated its stance that it will not consider allowing Fortnite to return to the App Store until all U.S. litigation has ended. At the current time, Apple is appealing the court's ruling that forced it to change its U.S. App Store rules to allow developers to link customers to purchase options available outside of the App Store. That appeal is still pending and Apple has not yet heard from the court.
It's possible Apple will want to avoid further court time and will approve Fortnite in the U.S., but Apple may also opt to return to court to argue that it has the right to continue to deny the reinstatement of the Epic Games developer account and Fortnite's return to the App Store.
Apple has otherwise complied with the court's injunction, and has allowed apps like Spotify and Patreon to submit app updates that include links to web purchase options instead of in-app purchases.
As of now, Fortnite is still offline worldwide. Epic Games could submit the EU version of Fortnite alone so that it could be distributed through the Epic Games alternative app marketplace in the European Union, but Epic is opting not to do so. Epic Games is placing the blame for Fortnite's absence in the European Union on Apple, and is lamenting the "sad" situation on social media. Epic Games has used Fortnite's popularity in the past, attempting to get Fortnite players to pressure Apple to accept the app.
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