Advocate General Issues Opinion On Jurisdiction In Dutch Class Action Against Apple

In his recent opinion, Advocate General Campos Sánchez-Bordona provides insights on the application of Article 7(2) of the Brussels I bis Regulation in the context of class actions. In this blog, we discuss the opinion, its potential implications on the ongoing Dutch class action proceedings against Apple and other class actions in the Netherlands.

The Handlungsort and Erfolgsort can both be located at the place of residence of the user because it purchased the app there by virtue of its Apple ID, regardless of whether the claim is brought by an inpidual or an interest organisation in a class action.

The technical complexity of competition law damages claims supports the centralisation of jurisdiction. However, Dutch law does not currently provide for such ex ante centralisation, which may undermine the effectiveness of Article 7(2) of the Brussels I bis Regulation.