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Apple loses appeal in Italy over iPhone slow down scandal

Italian authorities ruled in 2018 that Apple should pay a 10 million euro fine.
Stephen Warwick

iPhone BatterySource: Rene Ritchie / iMore

What you need to know

  • Apple has lost its appeal against an iPhone slow down ruling.
  • Italian authorities ruled that Apple should pay 10 million euros in 2018.
  • Apple was previously accused of using "unfair commercial practices," a ruling upheld by the appeal court.

Apple has lost an appeal to a court in Italy over a 10 million euro fine it received back in 2018.

The fine was issued to Apple over the iPhone 'slowdown' controversy, whereby Apple used software updates to manage iOS processes to stop unexpected iPhone shutdowns. Authorities in 2018 ruled that Apple (and Samsung) had "implemented unfair commercial practices." Now, in a new judgment from a court in the country, that ruling has been upheld.

The full judgment is extremely technical and long-winded, however, the upshot of the judgment is found in the conclusion:

The Board believes that the Authority has correctly considered that the information relating to the battery concerns essential aspects of the device and, as such, should have been made available to consumers in accordance with the professional diligence required by companies of a world-leading group operating worldwide in the high technology sector.

The conclusion of the AGCM that the omissions and insufficient information on the batteries of the iPhones by Apple until December 2017, result to be integrated with an incorrect commercial practice pursuant to art. 22 of the Consumer Code: this conclusion is based on the observation that the disclosed omission of information, relating to one of the main characteristics of the product that affected its performance and duration, led consumers to make mistakes both in the purchase decision and, above all, in that of correct use and replacement of iPhone devices.

In conclusion, for all the above considerations, the appeal and the added reasons must be rejected. (Translated)

Apple will pay 7,000 euros in legal charges as a result of the unsuccessful appeal.