Key Moments
- The EU Court of Justice ruled that an Amsterdam court has jurisdiction over collective claims tied to Apple’s Dutch App Store.
- Foundations Stichting Right to Consumer Justice and Stichting App Stores are pursuing damages related to alleged anticompetitive App Store commissions of up to 30% per sale.
- The decision permits users of the Dutch App Store to sue collectively in the Netherlands, regardless of their place of residence.
EU Court Clarifies Jurisdiction Over Apple App Store Disputes
Apple Inc. now faces potential class action-style damages in the European Union. The bloc’s highest court ruled that users of its Dutch App Store can bring collective proceedings in the Netherlands. This applies even if they live elsewhere.
On Tuesday, the EU Court of Justice confirmed that an Amsterdam court can hear a case by two foundations. They are Stichting Right to Consumer Justice and Stichting App Stores. The case concerns allegedly anticompetitive App Store commissions. According to the claims, these commissions can reach 30% per sale.
Foundations Challenge App Store Commission Structure
The case examines whether Apple’s App Store fees violate competition rules in the Netherlands. The foundations aim to represent users of the Dutch App Store. They seek damages for the allegedly inflated commissions.
In its statement on the preliminary ruling delivered in Luxembourg, the EU Court of Justice stated: “The Netherlands courts have jurisdiction to hear a representative action concerning the alleged anticompetitive conduct of Apple in relation to its App Store aimed at the Netherlands market.”
Implications of the Preliminary Ruling
The ruling confirms that Dutch courts can hear representative claims about Apple’s Dutch App Store. This applies even if the consumers are not residents of the Netherlands. Consequently, the decision may allow broader pan-European participation in similar actions, provided they relate to the Dutch App Store.
| Key Element | Details |
|---|---|
| Defendant | Apple Inc. |
| Court | EU Court of Justice (preliminary ruling); Amsterdam court (jurisdiction confirmed) |
| Claimants | Stichting Right to Consumer Justice and Stichting App Stores |
| Core Allegation | Allegedly anticompetitive App Store commissions, up to 30% per sale |
| Scope of Jurisdiction | Representative action concerning Apple’s App Store conduct aimed at the Netherlands market |
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