Apple is appealing a June 2025 judgment of the District Court of Rotterdam on its App Store terms for dating apps. The court upheld an order of the Authority for Consumers and Markets (ACM), found the terms unfair, and let ACM keep €50M in penalties Apple had paid. The Trade and Industry Appeals Tribunal (CBb) is hearing the appeal, and ACM has deferred enforcing the commission part until six weeks after its ruling.
Latest development Mar 20, 2026
On March 20, 2026, the Authority for Consumers and Markets (ACM) said it would postpone enforcing its order on Apple’s commission for dating-app providers. Enforcement waits until six weeks after the Trade and Industry Appeals Tribunal (CBb) rules on Apple’s appeal. ACM cited talks between Apple and the European Commission on Apple’s fees under the Digital Markets Act.
Why it matters
The appeal will decide whether a competition authority can treat a platform’s payment rules and commission as unfair trading conditions, an approach ACM says no competition authority had taken before. It also tests how national enforcement interacts with the EU Digital Markets Act.
Background
The Authority for Consumers and Markets (ACM) opened an investigation into Apple’s App Store conditions in April 2019. On August 24, 2021, it found that Apple imposed unreasonable conditions on dating-app providers in the Dutch App Store, in breach of Dutch and EU competition law. Those providers had to use Apple’s payment system, could not point users to payment options outside the app, and paid commissions of 30%, or 15% for smaller providers. ACM ordered Apple to change the terms, subject to periodic penalty payments.
On December 24, 2021, the preliminary relief judge of the District Court of Rotterdam suspended the commission part of the order and halved the maximum penalty to €50M. Apple did not adjust the payment and anti-steering conditions in time and forfeited the full €50M, which ACM collected in June 2022 after Apple changed its terms. ACM rejected Apple’s objections on July 13, 2023, and Apple appealed to the court. Match Group took part as an interested party.
On June 16, 2025, the District Court of Rotterdam upheld the order almost entirely. It agreed that Apple holds a dominant position in app store services for dating-app providers on iOS and that the conditions were unfair. It found the order went further than needed in one respect, by requiring Apple to allow both in-app alternative payments and links to outside sales channels. The court held that ACM could keep the €50M and lifted the suspension of the commission obligation, exposing Apple to new penalties of up to €50M.
Apple appealed to the Trade and Industry Appeals Tribunal (CBb). ACM first moved the commission deadline to April 1, 2026, citing talks between Apple and the European Commission on Apple’s fees under the Digital Markets Act (DMA). On March 20, 2026, ACM postponed enforcement of the commission order until six weeks after the CBb rules. The appeal is pending.
Timeline 9 events
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OrderACM postpones enforcement until six weeks after the CBb ruling
ACM said Apple had appealed to the Trade and Industry Appeals Tribunal and that the appeal proceedings were ongoing.
ACM: ACM postpones the enforcement of its decision against Apple for nowDutch IT Channel: Apple hoeft ACM-dwangsom voorlopig niet te betalen
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OrderACM moves Apple’s commission deadline to April 1, 2026
ACM cited talks between Apple and the European Commission on Apple’s fees under the Digital Markets Act.
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JudgmentDistrict Court of Rotterdam upholds ACM’s order and the €50M in penalties
The court found Apple dominant and its conditions unfair, trimmed one part of the order, and lifted the suspension of the commission obligation.
District Court of Rotterdam: judgment of June 16, 2025ACM: Rechtbank bevestigt oordeel ACM
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HearingDistrict Court of Rotterdam hears Apple’s appeals in closed session
Apple, ACM, and Match Group, an interested party, argued the case behind closed doors.
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OrderACM rejects Apple’s objections to the order and penalties
ACM announced the decision on October 2, 2023. Apple then appealed to the District Court of Rotterdam.
ACM: ACM rejects Apple’s objections against order subject to periodic penalty payments
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EnforcementACM says Apple complied after €50M in penalties
Apple allowed dating-app providers to use other payment methods. ACM then decided to collect the maximum €50M in penalties.
ACM: Apple changes unfair conditions, allows alternative payments methods in dating apps
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JudgmentRotterdam preliminary relief judge suspends the commission part of ACM’s order
The judge left the payment and anti-steering obligations in force and capped the penalties at €5M per week, up to €50M. ACM published its order the same day.
ACM: ACM obliges Apple to adjust unreasonable conditions for its App StoreDistrict Court of Rotterdam: judgment of June 16, 2025
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EnforcementACM orders Apple to change its terms for dating-app providers
ACM found the payment, anti-steering, and commission conditions unreasonable and set penalties of €10M per week, up to €100M, for non-compliance.
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OrderACM opens abuse of dominance investigation into Apple’s App Store
A market study had pointed to possible problems with the conditions Apple imposes on app providers that sell digital services.
ACM: ACM launches investigation into abuse of dominance by Apple in its App StoreACM: ACM rejects Apple’s objections against order subject to periodic penalty payments