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Amsterdam, 23 October 2023

Dutch Court to Refer Preliminary Questions to the ECJ in Collective Action Proceedings Against Apple

By Stefan Tuinenga

Lindenbaum partner Stefan Tuinenga wrote a blog post on the Kluwer Competition Law Blog about the decision of the District Court of Amsterdam to refer preliminary questions to the European Court of Justice (ECJ) on regional jurisdiction (also referred to as ‘territorial’ jurisdiction) in the context of a WAMCA (Act on Damages Claims in a Collective Action) collective action claim brought by representative organizations for consumers against Apple. In that claim, the representative organizations accuse Apple of abusing its dominant position by applying unreasonable terms, foreclosing competition, and charging excessive commissions for apps in its App Store.

The court intends to ask the ECJ whether, in a situation in which anti-competitive practices are implemented, and consumers are harmed across the Netherlands, one district court may accept jurisdiction under Article 7(2) of the Brussels I-Bis Regulation over the claims for all Dutch consumers, and not just those residing within the court’s district.

See the blog post here.

Stefan Tuinenga

Stefan Tuinenga

Partner, antitrust litigation expert

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