Judge calls on Apple to settle Fortnite app submission after ruling

This illustration image shows a person waiting for Epic Games' Fortnite update on his smartphone in Los Angeles on August 14, 2020.

Chris delmas | AFP | Getty Images

apple A judge ordered Monday to resolve its latest issues on Epic Games, or to return to court to prove that it has the legal basis for resuming the popular Fortnite game to its iOS App Store.

Fortnite recently resubmitted the game but was blocked by Apple, Epic Games said Friday. The company later filed a motion to enforce an earlier injunction.

"Apple is fully capable of solving this problem without further introduction or hearing," U.S. District Court Judge Yvonne Gonzalez Rogers wrote in a Monday order.

"If these companies do not resolve the current conflict on their own," the judge wrote, "the Apple officials who are responsible for ensuring compliance are "at a hearing scheduled for May 27 in North California.

Apple said in a statement Friday that it did not remove Fortnite from the alternative distribution market.

CNBC has approached Apple and Epic Games for comment.

"Apple doesn't accept or reject our Fortnite submissions. They just said they want to ignore it until the 9th Circuit stipulates their request for stay, which will be in May or June," said Tim Sweeney, CEO of Epic Games in an article on X on Monday.

Rogers said in his order on Monday that the 12th day after the Ninth Circuit Court of Appeals still did not grant Apple an injunction.

"The briefing should be conducted on the schedule listed below and includes legal authority Apple argues that it can ignore the court order," the judge wrote.

Apple initially removed Fortnite from its App Store in 2020 and terminated Epic Games' U.S. App Store account after developers used direct payment technology in their games, which Apple does not allow.

This removal began a legal dispute between Epic Games and Apple, a case that was initially decided in 2021, involving the iPhone Maker’s platform and its payment methods and ways to restrict app developers.

Despite Apple's victory, the decision forced the company to implement limited changes to its linking policy under California law.

Rogers ruled in late April that Apple's vice president of finance Alex Roman lied to the court about when Apple decided to buy some purchases outside the App Store for 27%. Under the ruling in this case, the application that will be purchased will not be cut.

Apple says it will attract people.

Since the ruling, Spotify and Amazon Kindle has resubmitted its apps to buy customers outside the App Store. Apple has approved these apps.

CNBC's How to Les Wing Contributed to this article.

Epic Games CEO: Apple can decide its own destiny or