Introduction
Apple’s App Store has long been a lightning rod for controversy. Developers complain about high commissions, regulators accuse the company of abusing its market power, and consumers often wonder why digital purchases cost more than they should. On Tuesday, Europe’s highest court added another chapter to this saga, ruling that Apple can be sued in the Netherlands over alleged anticompetitive practices.
The decision by the Court of Justice of the European Union (CJEU) dismissed Apple’s jurisdictional objections and allowed two Dutch consumer advocacy foundations to pursue their lawsuit in Amsterdam. The ruling could have far‑reaching consequences, potentially opening the door to collective damages claims across the European Union. For Apple, already under intense regulatory scrutiny, this represents yet another setback in its battle to defend the App Store business model.
The Case at Hand
Two Dutch foundations—Stichting Right to Consumer Justice and Stichting App Stores—filed suit against Apple, alleging that the company’s App Store fees are excessive and constitute an abuse of its dominant market position. Apple charges developers commissions of up to 30 percent on app sales and in‑app purchases. According to the foundations, these fees inflate prices for consumers and restrict competition by discouraging developers from offering alternative payment methods.
Apple attempted to block the case by arguing that Dutch courts lacked jurisdiction. The company claimed that the alleged harmful conduct did not occur in the Netherlands, since transactions were processed through Apple’s global infrastructure. But the CJEU rejected this reasoning, noting that Apple operates an App Store specifically tailored to the Dutch market, complete with Dutch‑language interfaces and services for users with Apple IDs registered in the Netherlands.
“The damage suffered when those purchases are made can therefore occur in that territory, irrespective of the place where the users concerned were situated at the time of the purchase,” the court stated.
By affirming that Dutch courts have both international and territorial jurisdiction, the CJEU cleared the way for the lawsuit to proceed.
Jurisdictional Battles Explained
Jurisdiction is often the first battleground in international litigation. Companies like Apple, with operations spanning multiple countries, frequently argue that local courts lack authority to hear cases involving global platforms. Apple’s defense hinged on the idea that its App Store is a centralized system, with pricing and commissions determined outside the Netherlands.
The CJEU’s ruling undermines that argument by emphasizing the localized nature of Apple’s services. Even though the App Store is global, it is segmented by country, with localized versions serving specific markets. Dutch users interact with a Dutch‑language App Store, pay in euros, and register with Dutch Apple IDs. That makes the Netherlands a legitimate venue for claims of harm suffered by Dutch consumers.
This reasoning could set a precedent for similar cases across Europe. If Apple can be sued in the Netherlands because of its localized App Store, then courts in other EU countries may also assert jurisdiction over App Store disputes. The ruling effectively broadens the legal avenues available to consumer groups and developers seeking redress.
Broader Regulatory Context
Apple’s legal troubles in Europe are mounting. Regulators have increasingly scrutinized the company’s App Store practices, viewing them as anticompetitive.
April 2025: The European Commission fined Apple €500 million for violating the Digital Markets Act (DMA). The Commission found that Apple restricted developers from directing consumers to alternative payment options, thereby reinforcing its monopoly over in‑app transactions.
September 2025: A UK tribunal awarded damages to approximately 36 million iPhone and iPad users, ruling that Apple had abused its dominant position by charging excessive fees.
These actions reflect a broader trend in Europe: regulators and courts are challenging the business models of Big Tech companies, particularly those that rely on closed ecosystems and high commissions. Apple’s App Store, which generates billions in revenue annually, is a prime target.
Why the Netherlands Matters
The Dutch ruling is significant not only because it allows the lawsuit to proceed, but also because it could transform the Netherlands into a hub for collective actions against Apple. Under EU law, consumer groups can bring collective claims on behalf of users. If Dutch courts are deemed to have jurisdiction, then consumers across the EU could potentially join lawsuits filed in Amsterdam, regardless of where they live.
This creates the possibility of large‑scale class‑action damages claims that could expose Apple to substantial financial liability. For example, if millions of EU consumers were to join a collective action alleging inflated app prices, the damages could reach billions of euros.
The Netherlands has already positioned itself as a favorable venue for collective litigation. Dutch law allows consumer foundations to represent large groups of claimants, and courts have shown willingness to hear cases involving multinational corporations. The CJEU’s ruling reinforces this role, making Amsterdam a potential epicenter for European tech litigation.
Apple’s Response
Apple declined to comment on the ruling. This silence is consistent with the company’s cautious approach to ongoing litigation. Public statements could be used against it in court, and Apple typically prefers to defend its practices through legal arguments rather than media commentary.
Behind the scenes, however, Apple is likely strategizing about how to contain the fallout. The company has long defended its App Store fees as necessary to maintain security, privacy, and a high‑quality user experience. It argues that commissions fund the infrastructure that supports developers and protects consumers from fraud.
But critics counter that Apple’s fees are excessive compared to the actual costs of operating the App Store. They point out that Apple’s profit margins on digital transactions are extraordinarily high, suggesting that the fees are more about extracting monopoly rents than covering expenses.
Consumer Advocacy Foundations
The two Dutch foundations leading the lawsuit represent a growing movement of consumer advocacy groups challenging Big Tech.
Stichting Right to Consumer Justice focuses on protecting consumer rights in digital markets.
Stichting App Stores specifically targets app distribution practices, arguing that platforms like Apple’s App Store and Google Play exploit their market power.
By filing suit in Amsterdam, these foundations aim to secure damages for consumers and force Apple to change its business practices. Their strategy reflects a broader trend in Europe, where consumer groups are increasingly using collective litigation to hold corporations accountable.
The Economics of App Store Fees
Apple’s 30 percent commission has been controversial since the App Store’s launch in 2008. Developers argue that the fee is excessive, particularly for small businesses and independent creators. Consumers ultimately bear the cost, as developers pass on the expense through higher prices.
For example, if a developer charges €10 for an app, Apple takes €3. To maintain profitability, the developer may raise the price to €12 or €13, meaning consumers pay more. Critics say this inflates app prices across the board, reducing affordability and limiting consumer choice.
Apple has introduced some concessions, such as a reduced 15 percent commission for small developers earning less than $1 million annually. But many argue that these measures are insufficient, as the majority of revenue comes from larger developers who remain subject to the 30 percent fee.
Legal Precedents and Future Cases
The CJEU’s ruling could inspire similar lawsuits in other EU countries. By affirming jurisdiction in the Netherlands, the court has signaled that localized versions of global platforms can be subject to national courts. This opens the door for consumer groups in France, Germany, Spain, and beyond to pursue collective actions.
Moreover, the ruling strengthens the hand of regulators enforcing the Digital Markets Act. If courts recognize that Apple’s practices cause harm in specific territories, regulators can more easily justify fines and corrective measures.
Apple may face a wave of litigation across Europe, with each case adding to the pressure to reform its App Store policies. The company could be forced to lower commissions, allow alternative payment methods, or restructure its business model to comply with European law.
Historical Perspective: Tech Giants and Antitrust
Apple is not the first tech giant to face antitrust challenges in Europe. Microsoft, Google, and Amazon have all been targeted by regulators for abusing market power.
Microsoft was fined for bundling Internet Explorer with Windows, restricting competition in web browsers.
Google faced multiple fines for favoring its own services in search results and restricting Android device manufacturers.
Amazon has been investigated for using data from third‑party sellers to benefit its own retail operations.
These cases illustrate Europe’s willingness to confront Big Tech and enforce competition law. Apple’s App Store is the latest battleground, and the Dutch ruling fits into this broader historical pattern.
Potential Outcomes
What happens next? Several scenarios are possible:
Settlement: Apple could choose to settle with the Dutch foundations, paying damages and agreeing to modify its practices.
Prolonged Litigation: The case could drag on for years, with appeals and counterclaims.
Regulatory Action: The lawsuit could prompt further investigations by the European Commission, leading to additional fines.
Business Model Changes: Under pressure, Apple might reduce commissions or allow alternative payment systems, reshaping the App Store ecosystem.
Each outcome carries significant implications for developers, consumers, and Apple’s bottom line.
Conclusion
The CJEU’s decision to allow Dutch lawsuits against Apple marks a turning point in the battle over App Store fees. By affirming jurisdiction in the Netherlands, the court has opened the door to collective actions that could expose Apple to massive damages claims across Europe.
For consumers, the ruling offers hope of lower prices and fairer competition. For developers, it represents an opportunity to challenge
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