In a landmark decision with far-reaching consequences, Apple Inc. is now confronting a significant escalation in its legal battles within the European Union. The EU's highest court has ruled against the tech giant, clearing the way for users of the Dutch App Store to band together and file collective damages claims in the Netherlands, irrespective of their physical location.
A Jurisdictional Setback for Apple
The ruling, delivered by judges at the EU Court of Justice on December 2, 2025, centers on a case brought forward by two foundations. These groups allege that Apple's App Store commissions, which can reach as high as 30 per cent per transaction, are anti-competitive. The court was asked by an Amsterdam court to provide guidance on how to apply EU jurisdiction rules in this digital context.
The core of Apple's defense was jurisdictional. The Cupertino-based company argued that the Dutch court, specifically in Amsterdam, had no authority to hear the case. Apple contended that the alleged harmful conduct did not occur within the Netherlands' physical borders.
The EU Court of Justice firmly rejected this argument. The judges determined that "the virtual space constituted by the App Store NL, in which the purchases were made, is the entire territory of that state." Consequently, the court stated, "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."
Opening the Floodgates for Collective Claims
While this specific ruling addresses the jurisdiction of Dutch courts, its implications are continent-wide. Legal experts believe the decision will empower consumer groups and foundations across the EU's 27 member states to launch similar collective action cases targeting other national versions of the App Store.
This precedent effectively weakens a key legal shield Apple has used to fragment and deflect mass claims. By establishing that users can sue collectively in a member state where a specific App Store is operated, the path is now clearer for large-scale, coordinated legal challenges against the company's practices.
Apple's Response and Future Ramifications
In response to the defeat, Apple expressed strong disagreement with the EU court's decision. The company characterized the ruling as "purely jurisdictional" and did not address the merits of the underlying antitrust allegations regarding its commission fees.
This legal development marks another chapter in the escalating regulatory pressure Apple faces in Europe. The EU has been actively pursuing a broader digital market agenda, aiming to curb the power of major tech platforms. This court ruling arms consumers and advocacy groups with a powerful new tool to seek redress collectively, potentially leading to substantial financial liabilities for Apple if future cases succeed on their substantive claims.
The decision underscores the evolving legal landscape for digital marketplaces in Europe, where physical borders are becoming increasingly irrelevant in determining where harm occurs and where justice can be sought.
