The Court of Justice of the European Union has ruled in Case C-34/24 that Dutch courts have jurisdiction to hear a representative action alleging anticompetitive conduct by Apple in relation to its App Store operations targeting the Netherlands market. The action was brought by two Netherlands-based foundations acting on behalf of unidentified but identifiable users who purchased third-party apps on the App Store NL and who claim to have suffered damage due to Apple’s allegedly excessive commission rates of 15% or 30%.
Apple contested jurisdiction, arguing that the harmful event did not occur in the Netherlands and, in any event, that only purchases made specifically in Amsterdam could fall under the competence of the Amsterdam District Court. The referring court sought guidance on the interpretation of the Brussels I Recast Regulation.
The Court held that the App Store NL constitutes a virtual marketplace specifically designed for the Netherlands, using the Dutch language, applying the pricing structures for that market, and directing users with a Netherlands-based Apple ID to its storefront. Because the alleged damage materialises at the moment of purchase within this virtual space, the entire territory of the Netherlands constitutes the place where the harmful event occurs, irrespective of where the user was physically located at the time of the transaction.
This approach promotes proximity, predictability and effective administration of justice, making it foreseeable that damages claims linked to purchases on the App Store NL may be brought before Dutch courts. The case now returns to the national court, which must resolve the dispute in light of the CJEU’s interpretation.