Navigation path

HOME
Policy areas
Sectors
About competition policy
Cases & legislation
Current Issues
Contacts
In this section:
Overview
What's new?
Cases
The Microsoft case
The Intel case

Information Communication Technologies (ICT)

Cases > Microsoft case

Court proceedings

Microsoft lodged an action for annulment of the Decision pdf with the Court of First Instance (CFI) on 7 June 2004.

On 25 June 2004, Microsoft lodged an interim measures application with the CFI for the Decision’s remedies to be suspended pending the outcome of its main appeal. On the same date, the Commission voluntarily suspended Microsoft’s obligations pursuant to the Decision pending the outcome of Microsoft’s interim measures appeal.

The main grounds for Microsoft’s interim measures application were that Microsoft would suffer serious and irreparable damage as a result of the Decision’s remedies being imposed pending the CFI’s final decision on Microsoft’s application for annulment of the Commission’s March 2004 Decision. As regards the interoperability remedy, Microsoft claimed that the implementation of the Decision would: (i) harm its intellectual property rights; (ii) interfere with its commercial freedom; and (iii) irreversibly alter market conditions. As regards the tying remedy, Microsoft claimed that the implementation of the Decision would: (i) interfere with Microsoft’s commercial freedom by forcing it to abandon its "basic design concept" for the Windows PC operating system; and (ii) damage Microsoft’s reputation as "a developer of quality software products".

Following exchanges of written pleadings, an Oral Hearing on Microsoft’s interim measures appeal was held before the President of the CFI from 30 September-1 October 2004. In an Order of 22 December 2004, the President of the CFI rejected Microsoft’s request to suspend the Decision’s remedies on the grounds that Microsoft had not demonstrated that these would cause it serious and irreparable damage. As of that date, Microsoft has therefore been obliged to comply with the Decision’s remedies. For further information on the CFI President’s 22nd December 2004 Order see Press Release pdf and MEMO/04/305.

The Court of First Instance delivered its judgement on 17 September 2007, upholding the findings of abuse in the Commission's decision.

With regards to interoperability, the Court considered that the Commission had been right to conclude that the work group server operating systems of Microsoft’s competitors must be able to interoperate with Windows domain architecture on an equal footing with Windows operating systems to be able to compete in the market.

On the bundling of Windows Media Player to the Windows operating system, the Court endorsed the Commission's conclusion that there was abusive tying and that it would lead to a weakening of competition.

The Court ruled that the amount of the fine remain unchanged at EUR 497 million.

Press release (17.09.2007): Commission welcomes CFI ruling upholding Commission’s decision on Microsoft's abuse of dominant market position

Commissioner Neelie Kroes: Introductory remarks on CFI ruling on Microsoft's abuse of dominant market position
Press conference, Brussels, 17.09.2007

For further information on the implementation of the Commission decision click here.

  
back