Published on: 27 March 2025
Published by a LexisNexis Competition expert
Advocate General Campos Sánchez-Bordona has issued her opinion in Case C‑34/24, Stichting Right to Consumer Justice and Stichting App Stores Claims, a Dutch reference seeking guidance on Article 7(2) of Regulation (EU) No 1215/2012 (Recast Brussels Regulation). The question concerns the jurisdiction of the Dutch courts over class actions brought by two Netherlands‑based foundations against Apple for alleged abuse of dominance.
In 2021 and 2022, two Dutch foundations launched class actions under national law, alleging that Apple Inc. and Apple Ireland abused their dominant position in iOS app distribution via the App Store and its in‑app payment (IAP) system. They argue Apple’s commissions, typically 30%, charged to developers and passed on to Dutch consumers as higher prices, breach Article 102 TFEU. The claims seek a finding of infringement and damages for all Dutch App Store users. The App Store is the sole channel for iOS apps, with Apple Ireland the contractual supplier for European users. Dutch users, identified by their Apple ID, are directed to the Netherlands‑specific App Store...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...