Apple Can Face Antitrust Lawsuit in Dutch Court, EU’s Top Court Rules
Apple can be sued in the Netherlands for alleged antitrust violations linked to its App Store, the European Union’s highest court ruled on Tuesday. The decision paves the way for two Dutch consumer foundations to seek hundreds of millions of euros in damages from the iPhone maker.
EU Court Clears Path for Dutch Lawsuit
The Court of Justice of the European Union (CJEU) said that Dutch courts have the authority to hear the case brought by the Right to Consumer Justice and App Stores Claims foundations. The ruling follows a request for clarification from a Dutch tribunal.
According to lawyer Rogier Meijer of Hausfeld, representing App Stores Claims, the potential damages could reach around €637 million, covering an estimated seven million iPhone and seven million iPad users. A full hearing on the case is expected to begin in late March 2026.
Apple expressed disappointment with the judgment, calling it a “purely jurisdictional” matter. The company said it would continue to “vigorously defend” itself, maintaining that the case is without merit.
Foundations Allege Abuse of Market Power
The two foundations claim that Apple’s App Store fees are excessive and represent an abuse of its dominant position in the digital marketplace. Developers who use Apple’s in-app payment system can be charged commissions of up to 30%, which, they argue, harms both app creators and consumers.
Apple had contested the case on jurisdictional grounds, saying the alleged misconduct did not occur in the Netherlands. However, the CJEU rejected this argument, finding that the App Store in question is tailored for the Dutch market.
EU Judges Back Dutch Jurisdiction
In their written judgment, EU judges said the App Store “is designed specifically for the Dutch market and uses Dutch to offer apps to users with Apple IDs linked to the Netherlands.” Therefore, any harm suffered from purchases made in that virtual environment could be considered to have occurred in Dutch territory, regardless of where users were physically located.
“The Netherlands court therefore has international and territorial jurisdiction,” the ruling stated.
The decision marks a significant step forward for European consumer groups seeking compensation from tech giants over alleged anti-competitive behaviour. The case, C-34/24 Stichting Right to Consumer Justice and Stichting App Stores Claims, will now proceed in a Dutch court.
with inputs from Reuters
