Apple loses EU lawsuit: Luxembourg court upholds "gatekeeper" label for App Store and iOS
July 8, 2026 — The General Court of the European Union (General Court, headquartered in Luxembourg) rejected Apple's entire lawsuit to overturn the App Store and iOS operating system being classified as "gatekeeper" by the European Commission (EC) under the Digital Markets Act (DMA). This is one of Apple's biggest legal failures in Europe since the DMA took effect, further strengthening Brussels' supervisory power over major technology platforms.
Summary of the case
The court declared: "The General Court dismissed Apple's lawsuits related to this company being designated as gatekeeper for the App Store and iOS." The ruling affirms that the European Commission's approach is lawful in treating Apple's five app stores — on iPhone, iPad, Mac, Apple TV and Apple Watch — as a single core platform service, because they all serve the same function: connecting app developers with end users to distribute software. In the lawsuit, Apple makes three main groups of complaints:
With the first two complaints, the court directly rejected and upheld the EC's decision. Regarding the complaint about iMessage, the court said that this complaint has no basis for trial (inadmissible), because iMessage itself has never been included in an official designation decision, so it has not created binding legal effect.
Context: Apple will be labeled "gatekeeper" from 2023
The DMA is a digital competition law effective from 2022–2023, aimed at preventing giant technology corporations (called "gatekeepers") from abusing their position of control over digital distribution channels to stifle competition. On September 5, 2023, the European Commission officially designated Apple as the gatekeeper for the App Store and iOS (along with a number of other services), forcing the company to:
The two services Apple Ads and Apple Maps in particular were removed from the gatekeeper list from February 5, 2026 after the EC determined they no longer met the scale/market influence threshold, but the App Store and iOS — the two main targets of the recently lost lawsuit — still retain their gatekeeper status.
Apple has been fined multiple times for violating the DMA
The judgment dated July 8, 2026 does not stand alone but is part of a series of EU tightening moves against Apple:
According to the DMA, the maximum fine for violations can be up to 10% of the violating enterprise's annual global revenue, and can increase to 20% if the violation is repeated many times. In addition, the EC can impose periodic daily fines of up to 5% of average daily revenue while the enterprise has not corrected the violation.
Reaction of the parties
Apple took a strong opposition stance, stating: "We firmly believe that the DMA's regulatory reach exceeds what is lawful and proportionate, threatening to erode the decades of privacy and security protections we have built, leaving our users vulnerable to new risks." The company argues that forcing open sideloading and deep interaction with third-party devices creates security holes, and believes that some of the EC's technical requirements essentially force Apple to disclose proprietary technology. Reactions from developers and competitors were mixed: Epic Games (through CEO Tim Sweeney) had previously called Apple's compliance plan "malicious" for maintaining the new installation fees, while Spotify welcomed the rulings on Apple as a step forward for consumer choice. Security experts have expressed concern that expanding sideloading on a large scale could increase the risk of phishing and malware without appropriate alternative control mechanisms.
Does Apple have any way to appeal?
Apple still has the right to appeal this ruling to the Court of Justice of the European Union (CJEU) - the bloc's highest judicial level - but it is only limited to legal issues (points of law), and cannot review the circumstances of the case. As a rule, appellate proceedings at the CJEU often last many years, and the decision of the General Court remains in effect pending appeal, unless the court grants interim relief — which rarely happens in cases of this type. In other words, Apple will almost certainly have to continue to comply with its gatekeeper obligations even if the appeal proceeds.
Meaning and impact
The judgment dated July 8, 2026 is highly symbolic because this is the first time the EU's high court officially confirmed the legality of appointing Apple as gatekeeper for the App Store and iOS - the legal foundation for the entire chain of sanctioning decisions and compliance requirements that the EC has and will continue to apply to Apple. In the short term, the ruling does not create any new compliance obligations beyond what Apple already has to do from 2023, but it does dash Apple's hopes of escaping the DMA legal framework through litigation.
Key timelines
September 5, 2023 EC officially appointed Apple as gatekeeper (App Store, iOS...) according to DMA March 19, 2025EC issues technical specifications requiring interoperability (interoperability) April 23, 2025EC fines Apple 500 million euros for violating anti-reverse navigation rules September 19, 2025 EC rejects 5 requests for technical exemption from Apple 7/7/2025Apple sues for a 500 million euro fine to the General Court (case T-438/25, no verdict yet) February 5, 2026Apple Ads and Apple Maps were removed from the gatekeeper list July 8, 2026 The Luxembourg General Court rejected Apple's lawsuit about being designated a gatekeeper for the App Store and iOS Note: The lawsuit demanding cancellation of the 500 million euro fine (T-438/25) is still awaiting a separate trial and there has been no final decision as of the time of writing.