Apple can be sued in a Dutch court for antitrust damages, EU’s top court says

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 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 Stichting Right ‌to Consumer Justice and Stichting App Stores.

The foundations argued 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.

Apple said 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.

“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. The two foundations did not immediately respond ⁠to requests for comment.

The case is C-34/24 Stichting Right to Consumer Justice ‌and Stichting App Stores Claims.

(Reporting by Inti Landauro;‌ Editing by Benoit Van Overstraeten)