Epic Games on Friday filed a court motion asking District Judge Yvonne Gonzalez Rogers to order Apple to approve Fortnite for the US App Store, in another escalation of the ongoing legal battle between the two companies.
In the filing, Epic claims Apple is in contempt of the judge's April order that restricted Apple from rejecting apps over their use of outside payment links. Epic argues that Apple's refusal to review its Fortnite submission until after a pending Ninth Circuit ruling amounts to retaliation for its legal challenges.
According to a letter from Apple shared by Epic, Apple stated it "won't take action on the Fortnite app submission until after the Ninth Circuit rules on our pending request for a partial stay of the new injunction." Epic contends this delay violates Apple's previous assurances to both Epic and the court that it would approve Fortnite if the app complied with Apple's guidelines.
The dispute has already affected Fortnite's availability globally. Epic claims its game disappeared from the EU App Store on Friday because of Apple's decision to block its US submission. Apple countered by asking Epic to resubmit the app without including the US storefront "so as not to impact Fortnite in other geographies."
Epic is seeking enforcement of the court's injunction, a contempt ruling against Apple, and a requirement that Apple "accept any compliant Epic app, including Fortnite, for distribution on the U.S. storefront of the App Store."
The case hinges on whether Judge Gonzalez Rogers will find Apple in contempt again, as she did in her April 30 ruling where she expressed frustration with Apple's compliance efforts.
