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Insights | Punter Southall Analytics | How Two Dutch Foundations Are Challenging Apple’s App Store Model

Written by Punter Southall Analytics | 14 January 2026

Last month, the Court of Justice of the European Union (CJEU), Europe’s highest court, gave the green light for a major group legal case against Apple’s App Store in the Netherlands. Two Dutch foundations (Stichting Right to Consumer Justice and Stichting App Stores Claims) have been cleared to pursue hundreds of millions of euros in competition damages on behalf of an estimated 14 million iPhone and iPad users, and app developers.[1]

More broadly this case could prove a great indicator of how far European consumers and developers can go in challenging Big Tech’s control over digital ecosystems.

Who are the representatives?

The proceedings are brought by two Amsterdam-based non-profit organisations, called “Stichtings” (which directly translates to “foundations”):

  • Stichting Right to Consumer Justice (RCJ) – Represents app developers and business users of the Dutch App Store. [2]
  • Stichting App Stores Claims (ASC) – Represents mobile app users who buy apps or in-app content via the Dutch App Store.[3]

Both foundations have brought representative actions under the Dutch WAMCA regime (the Act on the Resolution of Mass Damages in Collective Action), which allows organisations to bring claims for damages on behalf of a large, defined group of claimants. [4]

What exactly are they accusing Apple of?

The core of the claim is Apple’s control over the iOS ecosystem and its App Store business model.

The stichtings argue that Apple:

  1. Abuses a dominant position in the market for app distribution on iOS, contrary to Article 102 of the Treaty on the Functioning of the European Union (TFEU) and Dutch competition law.
  2. Forces developers to distribute apps exclusively via the App Store and to use Apple’s in-app payment system (IAP).
  3. Charges commission fees up to 30% on app sales and in-app purchases which are excessive and ultimately passed on to consumers through higher prices.
  4. Restricts “steering”, which limits developers’ ability to tell users about cheaper payment options outside the App Store (for example, via a website).

The claimants say these practices have inflated prices, reduced choice, and harmed both users and developers over many years.[5]

They’re asking the Dutch court to order Apple to compensate affected users, with total damages estimated at around €637 million.[6]

Apple strongly disputes the allegations and maintains that its App Store rules are pro-consumer and pro-developer, citing security and privacy benefits. It has also argued that the damages estimates are inflated.

Why did the case go to the EU Court of Justice?

Before assessing whether Apple’s conduct is unlawful, the Dutch court first had to answer a jurisdiction question:

Can a Dutch court even hear these claims, given that Apple’s main App Store entities are based in Ireland and the US?

Apple argued that the allegedly harmful conduct occurred outside the Netherlands, meaning the Dutch courts lacked jurisdiction.[7]

The Amsterdam District Court referred the issue to the CJEU in case C-34/24, Stichting Right to Consumer Justice and Stichting App Stores Claims v Apple.

In December 2025, the CJEU ruled that the Dutch App Store is specifically designed for Netherlands-based users, uses the Dutch language, and offers locally targeted apps. Even though Apple’s relevant companies are located elsewhere, the economic harm from higher prices or unfair terms is felt where the users buy the apps – in this case, in the Netherlands. Therefore, the Amsterdam District Court does have international and territorial jurisdiction to hear the case.

So in plain language: if Apple designs and implements a Dutch-specific App Store, it can’t then claim that Dutch courts have nothing to do with disputes about that store.

How does this case fit within the wider Dutch legal and regulatory environment?

This is not the first time that Dutch regulators and courts have scrutinised the Apple App Store.

In 2021, the Dutch competition authority (ACM) announced a penalty order against Apple for their conduct providing services to dating apps.[8]

The ACM found that Apple had abused its dominance by forcing dating apps to use IAP and banning them from pointing users to alternative payment methods. It imposed €50 million in penalty payments. In June 2025, the Rotterdam District Court upheld the ACM’s decision, confirming that Apple had abused its dominant position.[9]

Although this finding isn’t directly related to the collective actions, there is significant overlap in the arguments made by the claimants, and it reinforces that Dutch authorities and courts are becoming increasingly willing to call out Apple’s App Store practices as anti-competitive.

 

What’s at stake for consumers and developers?

1. Money

The foundations estimate that Apple owe €637 million in damages for Dutch users alone.

While these figures are contested, any sizeable award would:

      • Compensate Dutch consumers for allegedly overpaying on apps and in-app purchases.
      • Make App Store fees subject to meaningful judicial review, not just regulatory fines.
2. Precedent for EU-wide collective actions

The CJEU’s jurisdiction ruling has effects beyond the Netherlands, because it clarifies that consumers don’t have to bring claims for damages where a tech giant is headquartered. Instead, claims can be brought where the harm occurs. This is crucial for cross-border platforms like app stores, online marketplaces, and social media networks.

As a result, we can expect to see further collective actions across the EU targeting similar business models in the coming years.

3. Pressure on Apple’s App Store business model

Apple already faces regulatory enforcement under the Digital Markets Act (DMA) and competition law in the EU, as well as multiple lawsuits about App Store commissions and rules in the US, UK, and elsewhere.

If the Dutch foundations ultimately win on the merits, Apple may be pushed to:

      • Loosen restrictions on alternative app distribution or payment methods.
      • Re-think its standard 15–30% commission structure.
      • Offer more transparent justification for its fees (security, fraud prevention, etc.) or introduce more competitive pricing tiers.

What happens next?

Thanks to the CJEU’s ruling, the Amsterdam District Court can now move on to assessing the substance of the claim.

Among other things, this could include identifying: who is affected, what purchases are covered, and over what period; examining Apple’s position in the market and whether its rules were justified; establishing whether developers were overcharged and calculating any resulting damages; and deciding how compensation should be shared between developers and users.

A hearing on the merits is expected in early 2026, although complex collective actions of this kind can take years to fully resolve.[10]

Why this case matters beyond Apple

The case in the Netherlands is a test for digital consumer protection in Europe.

  • It shows foundations and consumer organisations can use collective redress tools like WAMCA to challenge global tech giants.
  • It clarifies that jurisdiction follows where the harm is felt, not just where the platform’s servers or legal entities sit.
  • It adds to the growing chorus – regulators, courts, legislators – asking whether platform fees, anti-steering rules, and closed ecosystems are compatible with EU competition and consumer law.

Whether Apple ultimately has to pay out or not, the Stichting Right to Consumer Justice and Stichting App Stores Claims case is a pivotal moment in Europe’s journey to defining how they are going to handle Big Tech’s power.

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We hope you've found this article of interest.

If you'd like to discuss it, or any other matters where we may be able to assist you, please contact David Rankin on david.rankin@puntersouthallgroup.com.

 

[1]  Apple faces multimillion-euro Dutch antitrust damages claims after EU's top court ruling | Reuters 

[2] Apple Antitrust | Right to Consumer Justice

[3] Class action against Apple in the Netherlands: which Dutch court has jurisdiction, according to the CJEU? | HAVEL & PARTNERS

[4] Navigating the landscape of collective redress: an overview of the Dutch WAMCA - Lexology

[5] Apple faces European class action

[6] Apple faces multimillion-euro Dutch antitrust damages claims after EU's top court ruling | Reuters

[7] stichting-right-to-consumer-justice-and-stichting-app-stores-claims-judgment.pdf

[8] Dutch ACM Upholds itsePenalty Order against Apple: Apple’s App Store Terms Are in Breach of Competition Law | Kluwer Competition Law Blog

[9] Dutch court confirms Apple abused dominant position in dating apps | Reuters

[10] Apple Faces Huge Dutch Antitrust Damages After EU Court Ruling