Two foundations accuse Apple of abusing its dominance by charging excessive App Store commissions to users in the Netherlands. On May 13, 2026, the District Court of Amsterdam confirmed that it can hear the claims for all Dutch users. It deferred deciding which collective action regime applies until the Supreme Court ruled in two other cases, which it did on September 25, 2026.
Latest development May 13, 2026
On May 13, 2026, the District Court of Amsterdam held that it has jurisdiction over the foundations’ claims for all users in the Netherlands. It has no jurisdiction over claims for app developers. The court deferred deciding which collective action regime applies until the Supreme Court of the Netherlands ruled in two other cases.
Why it matters
The case will decide whether Apple must compensate Dutch iPhone and iPad users for App Store commissions, and how far back a collective damages claim can reach. The EU Court of Justice’s ruling lets one Dutch court hear platform claims for a whole national market.
Background
Stichting Right to Consumer Justice (RCJ) sued Apple Inc. and Apple Distribution International in the District Court of Amsterdam on October 4, 2021. It brought a collective action under the Dutch Act on Collective Damages Claims (WAMCA). Stichting App Stores Claims (ASC), a foundation launched by media entrepreneur Alexander Klöpping, joined with its own summons on April 1, 2022. The foundations allege that Apple abused a dominant position in the distribution of iOS apps, mainly by charging commissions of up to 30% on App Store and in-app purchases. RCJ also alleges unlawful resale price maintenance.
ASC’s counsel has said that its summons put the damage to about seven million iPhone users and seven million iPad users at around €637M, including statutory interest. Apple contests the claims. It argued that Dutch courts lacked jurisdiction and that the collective action regime in force before 2020, which does not allow collective damages claims, governs the case.
On August 16, 2023, the court held that Dutch courts have jurisdiction over the claims for users in the Netherlands but not over RCJ’s claims for app developers. It also held that a third foundation, Stichting Consumenten Competition Claims, had filed too late. On December 20, 2023, the court asked the CJEU whether it could also hear the claims of users living outside the Amsterdam district. The CJEU ruled on December 2, 2025, that any competent Dutch court has jurisdiction over a representative action for all users of the Dutch App Store.
On May 13, 2026, the District Court of Amsterdam confirmed its jurisdiction for all users in the Netherlands. It deferred the choice of collective action regime until the Supreme Court of the Netherlands ruled in two diesel emissions cases that raise the same transitional question. On September 25, 2026, the Supreme Court held that a claim resting on events both before and on or after November 15, 2016, must be split. The old regime governs the earlier events. The only exception is a series of events so intertwined that it cannot be split. The parties are to comment on those rulings before the Amsterdam court decides.
Timeline 7 events
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OtherSupreme Court of the Netherlands rules on collective action transitional law
The Amsterdam court had awaited these two diesel emissions cases. The Supreme Court held that claims spanning November 15, 2016, must be split, with the old regime governing the earlier events.
Supreme Court of the Netherlands: judgment of September 25, 2026, ECLI:NL:HR:2026:1551
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JudgmentAmsterdam court confirms nationwide jurisdiction and awaits Supreme Court rulings
The court held that it may hear the claims for all users in the Netherlands, though not for developers. It deferred the choice of collective action regime pending two cases before the Supreme Court.
District Court of Amsterdam: judgment of May 13, 2026Rechtspraak: Rechtbank Amsterdam bevoegd om te oordelen over claims tegen Apple
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JudgmentEU Court of Justice upholds Dutch jurisdiction over all Dutch App Store users
In Case C-34/24, the court held that the Dutch App Store is aimed at the whole Dutch market. Any competent Dutch court may therefore hear the representative action for all its users.
RTÉ (Reuters): Apple faces multimillion-euro Dutch antitrust damages claimsMacRumors: Dutch App Store antitrust case proceeds
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OrderAmsterdam court refers jurisdiction questions to the EU Court of Justice
The court asked how the Brussels I bis Regulation’s rule on the place of the harmful event applies to a nationwide collective action, and stayed the case pending the answer.
District Court of Amsterdam: interim judgment of December 20, 2023
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JudgmentAmsterdam court accepts jurisdiction over claims for Dutch users
The court held that it lacked jurisdiction over the claims for app developers. It announced that it would ask the EU Court of Justice whether it could hear claims for users outside the Amsterdam district.
District Court of Amsterdam: interim judgment of August 16, 2023
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FilingApp Stores Claims files its own summons against Apple
The foundation launched by Alexander Klöpping joined the proceedings within an extended deadline. A third foundation, which filed a day earlier without seeking an extension, was later held to have filed too late.
District Court of Amsterdam: interim judgment of August 16, 2023NOS: Stichting van Klöpping wil miljard terugvorderen van Apple en Google
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FilingRight to Consumer Justice files collective action against Apple
The foundation sued Apple Inc. and Apple Distribution International in the District Court of Amsterdam and registered the claim in the central register for collective actions.
District Court of Amsterdam: interim judgment of August 16, 2023