By Foo Yun Chee and Inti Landauro
BRUSSELS, Dec 2 (Reuters) – Apple can be sued in a Dutch court for antitrust damages, Europe’s highest court said on Tuesday, backing two foundations seeking potentially hundreds of millions of euros in compensation for users affected by the iPhone maker’s alleged anti-competitive conduct related to its App Store.
The case came before the Luxembourg-based Court of Justice of the European Union (CJEU) after a Dutch tribunal sought guidance on damages claims by Right to Consumer Justice and App Stores Claims foundations.
“On the basis of the available information, in the writ of summons the damage suffered by seven million affected iPhone users and seven million affected iPad users, was estimated at around 637 million euros (including statutory interest),” said lawyer Rogier Meijer of Hausfeld, representing App Stores Claims.
He said a hearing on the merits of the case is likely to proceed in a Dutch court toward the end of the first quarter of 2026.
APPLE’S FEES FOR SOME APPS EXCESSIVE, FOUNDATIONS SAY
The foundations argue that the fees charged by Apple for third-party apps on the App Store are excessive, hurt users and are consistent with an unlawful abuse of a dominant position. App developers using Apple’s in-app payment system are charged commissions of up to 30%.
Apple has said that a Dutch court does not have jurisdiction as the alleged harmful event did not occur in the Netherlands.
The CJEU dismissed its arguments, saying that the App Store in question is designed specifically for the Dutch market and uses Dutch to offer apps for sale to users who have an Apple ID associated with the Netherlands, regardless of where they are based.
“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,” judges said.
“The Netherlands court therefore has international and territorial jurisdiction,” they said.
Apple declined to comment on the EU court’s ruling.
The case is C-34/24 Stichting Right to Consumer Justice and Stichting App Stores Claims.
(Reporting by Inti Landauro, Foo Yun Chee and Toby Sterling ; Editing by Benoit Van Overstraeten and Tomasz Janowski)
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