Europe throws out Apple's attempt to free App Store & iMessage from regulations

Apple has lost another round in its legal challenges to the European Union and its Digital Markets Act, this time over whether iMessage and its App Store should even be subject to that regulation.

Back in 2023, Apple acknowledged that it qualified under the then-new definition of being what the EU called a gatekeeper service. But key to that is the size of the operation, and since 2024, Apple has been claiming it runs five smaller App Stores rather than one large one.

Instead, Apple says that there are different App Stores for the iPhone, iPad, Mac, Apple TV, and the Apple Watch. Now according to Reuters, the EU General Court in Luxembourg has ruled that is irrelevant.

"Irrespective of the devices in question," ruled the judges, "those stores have the same purpose, namely to connect app developers with end users in order to facilitate the distribution of software applications."

Consequently, the General Court has dismissed Apple's attempt to overturn its designation as a gatekeeper regarding its App Store.

Apple obviously disagrees with that assessment.

"We firmly believe the DMA's mandate goes beyond what is lawful and proportionate, threatening to erode decades of privacy and security protections we've built and leaving our users vulnerable to new risks," said an Apple spokesperson. "We will continue advocating for the innovation and privacy our European customers deserve."

iMessage and what happens next

The General Court also dismissed Apple's objection to how the EU categorizes its iMessage service. The EU designates iMessage as a number-independent interpersonal communications service (NIICS), and such services may come under DMA rules.

According to the judges, though, in this case, that designation is separate to the DMA. Classifying iMessage as NIICS "does not, by itself, produce binding legal effects that bring about a change in Apple's legal position," they ruled.

Specifically, the judges noted that iMessage has not been designated as "an important gateway," so Apple's argument is inadmissible. Services that the EU does not designate as being a gatekeeper are not subject to the DMA.

Apple can now appeal over at least the designation of its App Store as one service subject to the DMA. It can file an appeal on matters of law to the EU's highest authority, the Court of Justice of the European Union.