Apple has faced a significant legal setback in Europe, as the EU’s top court ruled on Tuesday that the company can be sued in the Netherlands for antitrust damages stemming from its App Store practices.
This decision paves the way for a substantial €637 million claim brought forth by two Dutch consumer advocacy groups: Right to Consumer Justice and App Stores Claims. These groups contend that Apple's app commission fees were abusive and unfairly inflated costs for millions of consumers.
The lawsuit specifically targets Apple's practice of taking a 30% commission on in-app purchases, alleging the company abused its dominant position and unfairly charged developers who utilize its platform.
According to Rogier Meijer, a lawyer at Hausfeld representing App Stores Claims, the estimated damages encompass approximately seven million iPhone users and seven million iPad users, totaling 14 million Dutch users affected by these practices.
"On the basis of the available information, in the writ of summons the damage… was estimated at around €637 million (including statutory interest)," Rogier stated.
Dutch Court Jurisdiction Affirmed
Apple had attempted to halt the proceedings by asserting that Dutch courts lacked the authority to hear the case, arguing that the alleged harm did not occur within the Netherlands.
However, the Court of Justice of the European Union (CJEU) unequivocally rejected Apple's argument. The judges determined that because the App Store is localized for Dutch users, featuring the Dutch language and linking to Dutch Apple IDs, the impact of the alleged practices was directly tied to the Netherlands.
"The damage allegedly suffered when purchases are made in that virtual space can therefore occur in that territory, irrespective of the place where the users concerned were situated at the time of the purchase," the judges stated.
This ruling confirmed that territorial jurisdiction rested with the Dutch court and that international jurisdiction was also valid.
The two consumer foundations initiating the lawsuit accuse Apple of exploiting its dominant market position and imposing excessive fees on app developers, which they maintain is unlawful. They assert that these costs were ultimately passed on to consumers, leading to increased prices for millions of Dutch customers.
The CJEU's decision was issued after a Dutch court sought clarification from the Luxembourg-based court regarding the permissibility of such a damages claim proceeding.
Future Proceedings and Potential Payout
With the legal pathway now clear, the full hearing addressing the merits of the lawsuit is anticipated to take place in the Netherlands by the first quarter of 2026, according to Rogier.
Should the Dutch court rule in favor of the consumer foundations, this case could lead to one of the most significant damages payouts Apple has ever faced in Europe.
The lawsuit is now officially moving forward, and Apple will be required to defend its App Store fee structure before a Dutch judge.