Epic Games has filed a legal motion asking the U.S. District Court to compel Apple to approve Fortnite’s return to the U.S. App Store. In its May 16 filing and a letter to Judge Yvonne Gonzalez Rogers, Epic accuses Apple of ignoring its latest Fortnite submission, violating a federal injunction, and acting in civil contempt. The company claims Apple is attempting to sidestep the court’s authority by refusing to review a compliant version of Fortnite submitted for iOS distribution.
“Apple’s refusal to consider Epic’s Fortnite submission is Apple’s latest attempt to circumvent this Court’s Injunction and this Court’s authority,” Epic wrote. The company is now seeking a court order requiring Apple to accept any compliant Epic app including Fortnite for distribution in the U.S. App Store.
Epic pointed to Apple CEO Tim Cook’s own trial statement that “it would be to the benefit of the users to have Fortnite back on the App Store.” The company also emphasized Apple’s prior assurance that Fortnite could return if it complied with App Store guidelines, which Epic argues it has done.
Apple Responds, Fortnite Still Blocked in U.S.
Apple maintains that it will not act on any Fortnite submission until litigation between the two parties concludes. As reported by Bloomberg, the company said it asked Epic Sweden, which submitted the app, to remove the U.S. storefront so Fortnite could remain live elsewhere. Apple insists it didn’t take any action to remove Fortnite from European or third-party stores.
This standoff follows Apple’s earlier refusal to reinstate Epic’s developer account. The move has kept Fortnite off the U.S. App Store for over three years. Epic’s latest legal push comes after resubmitting an updated Fortnite build, initially pulled due to Apple’s silence.
Apple Faces Renewed Contempt Allegations
The filing marks a sharp escalation in a dispute that began in 2020, when Apple removed Fortnite for bypassing its payment system. Epic sued, and a federal court ruled Apple’s anti-steering rules violated California’s Unfair Competition Law. A permanent injunction followed, later upheld on appeal. In April 2025, the court held Apple in civil contempt for failing to comply with that injunction.
Epic says it submitted Fortnite for U.S. review on May 9 using a European developer account in good standing. When Apple didn’t respond within five days contrary to its usual 24-hour turnaround, Epic withdrew and submitted an updated version on May 14. The new build was still ignored. Apple then sent a letter stating it wouldn’t act until a ruling from the Ninth Circuit. At no point did Apple claim the app violated any rule.
Epic argues that Apple is retaliating against it for asserting its rights and for previously exposing Apple’s misconduct. The company says this sets a dangerous precedent. “If Apple can refuse to consider apps on the ground that their developers had attempted to avail themselves of their rights under the Injunction, it would render the Injunction toothless,” Epic wrote.
Apple previously blocked Fortnite in the U.S. while allowing it in the EU, refused approval while fake Fortnite apps circulated on iOS, and held off acting until the Ninth Circuit rules on the injunction enforcement.
Now, Epic is betting that the court will treat Apple’s continued refusal as contempt and order the game’s reinstatement. Whether Judge Rogers agrees remains to be seen. A hearing is scheduled for May 27.