Lawsuit over damage claim against Apple in the Netherlands may proceed

Two Dutch foundations filed this case against Apple years ago. They believe that users of the App Store have paid too much for apps and in-app purchases. According to them, this is because Apple imposes fixed costs on developers, which, according to the claim, results in higher prices for users.

The company argued that the case does not belong in the Netherlands because the App Store is technically and organizationally managed in another EU member state. According to Apple, it is therefore not possible to determine that the damage occurred in the Netherlands.

The European Court of Justice states that the App Store has a clear Dutch version, with its own language environment and purchases linked to Dutch accounts. Because of this, the ruling finds it sufficiently clear that the alleged damage concerns Dutch users. Due to this decision, the lawsuit can now proceed on its merits.

The new phase in the Dutch procedure means that the judge must now substantively determine whether the two foundations are correct. It is not yet clear how long that process will take. However, it is certain that the debate over the costs of the App Store is now being fought anew with full intensity.

It is also unclear exactly how many users are involved in the case and how any potential compensation would be calculated. These questions are part of the continuation of the lawsuit, which is yet to begin.

The ruling does not affect various other legal investigations that Apple faces within the European Union. These concern completely different parts of the company and are unrelated to the Dutch claim case. Those processes focus on services that must be evaluated under European internet regulations (DMA and DSA).