Apple challenges EU rules on App stores and iOS designation as one service


Apple has lodged a challenge against the European Union’s tech rules, specifically contesting the classification of its five App Stores as a single core platform service under the Digital Markets Act (DMA).

According to a Reuters report, the company argues that EU regulators have misunderstood and misapplied the legislation, which became effective in May 2022.

Apple, in its plea to the General Court, criticised the European Commission, stating that it made “material factual errors” by considering the five App Stores as a single core platform service.

Apple contends that each App Store is designed for a specific operating system and Apple device, encompassing iPhones, iPads, Mac computers, Apple TVs, and Apple Watches.

The DMA, designed to regulate tech giants, imposes certain obligations on companies like Apple, including facilitating third-party interoperability with its services and allowing business users to promote offers and conclude contracts outside its platform.

Apple challenges the characterisation of its operating system, iOS, as a significant gateway for business users to reach end users, questioning the associated interoperability obligations.

The lawsuit, filed in November 2022, highlights the company’s resistance to complying with the DMA’s requirements, signalling potential legal battles between tech giants and EU regulators.

Apple’s legal action extends beyond App Stores and iOS, addressing the European Commission’s designation of its messaging service, iMessage, as a number-independent interpersonal communications service (NIICS).

This designation prompted an EU investigation into whether iMessage should comply with DMA rules.

Apple contests this characterisation, arguing that iMessage does not fall under the category of NIICS as it is not a fee-based service and does not monetise it through the sale of hardware devices or the processing of personal data.



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