Apple is not going to be able to escape a class-action antitrust lawsuit over anticompetitive App Store fees in the Netherlands, the Court of Justice of the EU (CJEU) said today. The decision could see Apple facing millions of euros in damages, and it sets a precedent for similar lawsuits in other European countries (via Reuters).
Apple could ultimately have to pay up to an estimated 637 million euros to address the damage suffered by 14 million iPhone and iPad users in the Netherlands.
The lawsuit dates back to 2022, when two Dutch consumer foundations (Right to Consumer Justice and App Store Claims) accused Apple of abusing its dominant market position and charging developers excessive fees. The lawsuit was filed on behalf of Dutch iPhone and iPad users, and it claimed that Apple's 30 percent commission inflated prices for apps and in-app purchases.
Apple argued that the Dutch court did not have jurisdiction to hear the case because the EU App Store is run from Ireland, and therefore the claims should be litigated in Ireland. Apple said that if the Dutch court was able to hear the case, it could lead to fragmentation with multiple similar cases across the EU, plus it argued that customers in the Netherlands could have downloaded apps while in other EU member states.
The District Court of Amsterdam ended up asking the CJEU if it had the jurisdiction to hear the case, and the CJEU said yes. The court decided that the App Store in question was designed for the Dutch market, and it offers Dutch apps for sale to people with an Apple ID associated with the Netherlands, giving Dutch courts jurisdiction.
Apple told Reuters that it disagrees with the court's ruling, and that it will continue to vigorously defend itself. The District Court of Amsterdam expects to hear the case toward the end of the first quarter of 2026.
The civil App Store fee case that Apple is now facing in the Netherlands is separate from the dating app case that was levied against Apple by ACM, the Dutch competition authority. That case involved regulatory action that led to new alternative purchase options for Dutch dating apps. Apple has also been fighting that antitrust case, and racked up fines of 50 million euros.
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