The Dutch courts have jurisdiction to rule on an action alleging anti-competitive behaviour concerning the App Store NL, the Court of Justice of the European Union (CJEU) ruled in a judgment handed down on Tuesday 2 December (case C-34/24).
In the Netherlands, two Dutch foundations that defend the interests of users (consumers and professionals) of Apple applications believe that the American tech giant is abusing its dominant position by forcing users to access the App Store NL, set up specifically for the Dutch market and, consequently, to be subject to the corresponding conditions of sale for paid applications.
In its judgment, the Court reiterates its settled case-law to the effect that the special jurisdiction rule, laid down in Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which allows a claimant to bring an action before the court of the place where the harmful event occurred, must be interpreted autonomously and strictly. This is an exception to the general rule that the courts of the defendant’s domicile have jurisdiction.
In this case, the App Store NL is specially designed for the Dutch market, uses the Dutch language to offer applications to users with an Apple ID associated with the Netherlands, and some applications are specifically created for the Dutch market.
Consequently, in the Court’s view, for the purposes of determining the place where the damage materialised, the virtual space constituted by the App Store NL corresponds to the entire territory of the Netherlands. The damage suffered as a result of these purchases is therefore likely to materialise in the Dutch territory, regardless of where the users concerned were at the time of purchase.
The CJEU points out that this identification of the place where the damage occurred, in order to determine the court with jurisdiction, meets the objectives of proximity, foreseeability of the rules of jurisdiction and proper administration of justice. In particular, it adds that if the App Store NL specifically targets the Dutch market, it is foreseeable that actions relating to purchases made on that platform will be brought before the Dutch courts.
See the Court’s ruling: https://aeur.eu/f/jsv (Original version in French by Mathieu Bion)