CCC Foundation takes case to Dutch Supreme Court

Consumenten Competition Claims Foundation (CCC) will appeal in cassation against the Amsterdam District Court's ruling of 16 August 2023. On 15 November 2023, CCC's lawyer submitted a request to the Dutch Supreme Court to hear the case.

Earlier, the Amsterdam court ruled that the Foundation was inadmissible in the lawsuit because its summons was allegedly not issued in time. But CCC says that is based on a misunderstanding. This is a new law and therefore not everyone may interpret the law in the same way. "The court comes to this conclusion based on a misreading of the law," said Bert Heikens, president of CCC. "That is why CCC is asking the Supreme Court to interpret the law."

The move to the Supreme Court skips the appeal to the Amsterdam Court of Appeal. This so-called "leapfrogging-cassation" is possible because Apple's lawyers have agreed to it. Leapfrogging has two main advantages. 1. The Supreme Court is ideally placed to answer questions of interpretation of the law and 2. The proceedings are quick, so we are expected to have answers to our questions as early as next year.

If CCC is found to be in the right, the case will be referred back to the court, where the case will be continued.