In a correspondence shared by Epic from Apple late Friday, Apple states it will not proceed with any action regarding the Fortnite app submission until the Ninth Circuit makes a decision on its current request for a partial suspension of the new injunction. Epic argues this delay is a form of retribution for its ongoing legal battle with Apple, highlighting in its court document that Apple had “openly and consistently” assured both Epic and the court that it would greenlight Fortnite as long as it adhered to App Store guidelines, a condition Epic claims it meets with its submission.

Epic has argued that it is unable to launch in the EU due to Apple’s blockade of its US submission. Apple, however, has stated it merely requested a resubmission of the app excluding the US storefront to prevent affecting Fortnite‘s availability in other regions. In a statement describing its latest legal move, Epic insists this would force the creation of several app versions, which it argues is contrary to Apple’s own policies.

Epic is asking that the court enforce its injunction, find Apple in contempt again, and require the company to “accept any compliant Epic app, including Fortnite, for distribution on the U.S. storefront of the App Store.”

The hitch here is that throughout this case, Judge Gonzalez Rogers hasn’t gone so far as to require Fortnite’s return to the store, finding in her 2021 ruling that Epic had still knowingly broken its developer agreement with apple. 9to5Mac writes that the judge would likely need to agree that Apple is once again in contempt of court, as she did in her April 30th ruling. The difference between now and then — and what could work in Epic’s favor — is just how annoyed she seemed with Apple in the text of that ruling.

Apple did not immediately respond to The Verge’s request for comment.