Dutch court can hear case against Apple over app store fees

The Court of Justice of the European Union ruled on Tuesday that a Dutch court can hear a case filed by two Dutch foundations against Apple regarding the App Store.

Right to Consumer Justice and App Stores Claims have taken Apple to court, claiming the company abused its market power by imposing a 30 percent commission on in-app purchases in the App Store. The foundations say this practice harmed app users. Apple contended that the Amsterdam court is not competent to rule on the matter, arguing that the alleged harm did not take place in the Netherlands.

In 2023, the Amsterdam court asked the EU Court of Justice whether it had jurisdiction over this international case. The EU court has now ruled that Dutch courts do have authority. The App Store involved is tailored specifically for the Dutch market. “Any harm resulting from purchases in this virtual space takes place within that territory, regardless of the user’s location at the time. The Dutch court is therefore internationally and territorially competent,” the court stated.

The European Union has long scrutinized Apple’s App Store. In April, the European Commission imposed a 500 million euro fine on the company for breaching the Digital Markets Act, citing Apple’s insistence that apps be offered only through its own store. Apple has since appealed the decision.

Apple chose not to respond to the verdict when approached by Reuters.