Case C-34/24, Stichting Right to Consumer Justice en Stichting App Stores Claims: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 18 January 2024 – Stichting R...

Official Journal of the European Union C/2024/2727 29.4.2024 EN C series Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 18 January 2024 – Stichting Right to Consumer Justice, Stichting App Stores Claims v Apple Distribution International Ltd, Apple Inc. (Case C-34/24, Stichting Right to Consumer Justice en Stichting App Stores Claims) (C/2024/2727) Language of the case: Dutch Referring court Rechtbank Amsterdam Parties to the main proceedings Applicants: Stichting Right to Consumer Justice, Stichting App Stores Claims Defendants: Apple Distribution International Ltd, Apple Inc. Questions referred Question 1 (Handlungsort) (a) In a case such as that at issue in these proceedings, where the alleged abuse of a dominant position within the meaning of Article 102 TFEU took place in a Member State by means of sales through an online platform operated by Apple and aimed at the entire Member State, with Apple Ireland acting as exclusive distributor and commission agent of the developer and deducting commission from the purchase price, what should be considered to be the place where the harmful act occurred within the meaning of Article 7(2) of the Brussels Ia Regulation (1)? Is it relevant in this regard that the online platform is in principle accessible worldwide? (b) Does it matter in this context that these proceedings concern claims brought under Article 3:305a BW (the Netherlands Civil Code) by a legal person...