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Official Journal |
EN C series |
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C/2025/5212 |
6.10.2025 |
Action brought on 30 May 2025 – Apple and Apple Distribution International v Commission
(Case T-354/25)
(C/2025/5212)
Language of the case: English
Parties
Applicants: Apple Inc. (Cupertino, California, United States) and Apple Distribution International Ltd (Cork, Ireland) (represented by: D. Beard, S. Love and J. Bourke, Barristers-at-Law, and W. Knibbeler and L. Knoke, lawyers)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
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declare Article 6(7) of Regulation (EU) 2022/1925 of the European Parliament and of the Council on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act or DMA) (1) inapplicable pursuant to Article 277 TFEU; |
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annul pursuant to Article 263 TFEU wholly or in part Article 1 of the European Commission decision of 19 March 2025 and Annex thereto (the Contested Decision), reference DMA.100203 (2), adopted pursuant to Article 8(2) of the DMA; and, |
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order the European Commission to pay the Applicants’ costs pursuant to Article 134 of the Rules of Procedure of the General Court, including the costs relating to any intervening parties. |
Pleas in law and main arguments
In support of the action, the applicant relies on thirteen pleas in law.
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First plea in law, alleging that Article 6(7) DMA is inconsistent with the requirements of the European Charter of Fundamental Rights and the principle of proportionality, and that Article 1 of the Contested Decision is unlawful insofar as it imposes and specifies obligations under Article 6(7) DMA on Apple in relation to iOS. |
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Second plea in law, alleging that the European Commission exceeded the limits on its competence imposed by Article 291 TFEU and Article 8(2) DMA. |
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Third plea in law, alleging that the European Commission misinterpreted and misapplied Article 6(7) DMA in the Contested Decision. |
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Fourth plea in law, alleging that the European Commission erred in law and in fact by imposing and/or specifying the Background Execution requirements in the Contested Decision. |
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Fifth plea in law, alleging that the European Commission erred in law and in fact by imposing and/or specifying the Automatic Audio Switching requirements in the Contested Decision. |
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Sixth plea in law, alleging that the European Commission erred in law and in fact by imposing and/or specifying the Proximity-Triggered Pairing requirements in the Contested Decision. |
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Seventh plea in law, alleging that the European Commission erred in law and in fact by imposing and/or specifying the Close-range Wireless File Transfer requirements in the Contested Decision. |
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Eighth plea in law, alleging that the European Commission erred in law and in fact by imposing and/or specifying the iOS Notifications requirements in the Contested Decision. |
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Ninth plea in law, alleging that the European Commission erred in law and in fact by imposing and/or specifying the Media Casting requirements in the Contested Decision. |
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Tenth plea in law, alleging that the European Commission erred in law and in fact by imposing and/or specifying the Automatic Wi-Fi Connection requirements in the Contested Decision. |
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Eleventh plea in law, alleging that the European Commission erred in law and in fact by imposing and/or specifying the NFC Controller in Reader/Writer Mode requirements in the Contested Decision. |
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Twelfth plea in law, alleging that the European Commission erred in law and in fact by imposing and/or specifying the High-Bandwidth Peer-to-Peer Wi-Fi Connection requirements in the Contested Decision. |
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Thirteenth plea in law, alleging that the European Commission erred in law and in fact by imposing and/or specifying the future-proof effective interoperability requirements in the Contested Decision. |
(1) Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ 2022 L 265, p.1)
(2) OJ C 2025/4646
ELI: http://data.europa.eu/eli/C/2025/5212/oj
ISSN 1977-091X (electronic edition)