Microsoft asks for emergency EU order

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

Topics

Microsoft, Ruling

NEWS
Microsoft plans to ask a European court in the next few days for an emergency order blocking a ruling imposed in March that levied a heavy fine and required that Windows be offered without a media player.

The software maker already has filed a 100-page appeal before the Court of First Instance asking it to annul the European Commission's $604m (£332m) fine and media player requirement.

Microsoft spokesman Jim Desler said on Thursday that the forthcoming request, which was anticipated, will ask for a stay of the decision while the appeal is in progress. "By the end of this week or early next week, we will file a formal application seeking a suspension of the European Commission's decision and remedies," he said.

The Court of First Instance, Europe's second-highest judicial body, is expected to hold a hearing on Microsoft's request for a stay within the next two months.

If the stay is not granted, some of the European Commission's deadlines will begin to take effect. The Commission's 24 March decision gave Microsoft 90 days to offer an operating system without the media player bundled in and 120 days to begin sharing proprietary information with its competitors regarding its servers.

Frank Fine, an antitrust attorney for law firm DLA in Brussels, Belgium, said earlier this month that Microsoft faces a challenge in winning a stay, given recent decisions by Europe's highest court. "It won't be easy for Microsoft to get a suspension," he said. "It will have the burden of proving it will face irreparable harm if these interim measures take hold. I doubt Microsoft will go out of business if it has to abide by these measures."

In addition, a key Microsoft adversary has announced plans to weigh in before the Court of First Instance.

Ed Black, president of the Computer and Communications Industry Association, said that his group has filed papers to intervene in the case. If CCIA's request is granted, it would be able to use the opportunity to argue against Microsoft's request to throw out the European Commission's ruling.

"We do have a lot of insight and expertise, economically and technologically," Black said. "We have a lot of background in this area going back 10 years."

CCIA members include Microsoft rivals Sun Microsystems, Yahoo, Red Hat and Oracle. The group applauded the European Commission's penalties levied against Microsoft in March. In the US antitrust case, CCIA unsuccessfully argued for a breakup of Microsoft.

CNET News.com's Dawn Kawamoto contributed to this report.

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

BrownieBoy

@Jack, > Works really well for thieves.... Nice attempt to deflect the argument by tossing in a point that's totally irrelevant, even it were...

5 hours ago by BrownieBoy on AMD Ultrathins to challenge Intel Ultrabooks
bootlegger

Make that 13 people now - I got refused today at Manchester airport. I thought I was up to date on this legislation - I knew of the EU ruling from...

8 hours ago by bootlegger on UK airport body scans will not be opt out
tinycg

Don't forget to check out apps like GoodReader or SlideShark either, they're indispensible for people on the go in presentation situations. Best...

10 hours ago by tinycg on Four top iPad apps for people on the move
TerryRK

Well it seems there is something a number of us agree on. Why is the Ubuntu Unity launcher so ugly? I thought perhaps it was something to do with...

15 hours ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Freebies202

Duplicate comments are not made intentionally. Its very good to know that now you are keeping check on this problem because sometimes a commenter...

1 day ago by Freebies202 on Microsoft fixes blog comments, speeds up blogs with open source
kevinmchapman

"the very significant number of users" and "many (most) of us" - you have no evidence for these statements. It is a fact that most users are saying...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
Marg Menzies Harrison

Another grammar faux pas is the improper use of "you". When sitting down down in a restaurant, for example, I get cringe when the waitress...

1 day ago by Marg Menzies Harrison via Facebook on 10 flagrant grammar mistakes that make you look stupid
zdnetukuser

And NOW, folks, for Canonical's next trick... Kubuntu is late. Here's a pencil. Draw your own conclusions. cf.:...

1 day ago by zdnetukuser on Linux Minterface
Moley

@kevinmchapman. The discussion here reflects the very significant number of users who really do like the traditional menu system and who wish to...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

Er, no... It is an efficient means of finding the application/file/setting you need in one place. The icons are a simply a fallback for when you...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

Isn't the provision of a text based search an admission by the developers that the mass of icons approach does not work? I don't need to use a...

2 days ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

"Unity and GNOME 3 both abandon the old text-based cascading menus in favour of a graphical icon-driven system." Point truly missed. Both use a...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

whs001 - Thank you, I'm glad you liked the article. I absolutely agree with you on your first point. I should perhaps have made it clearer that...

2 days ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Dennis Nilsson

If we allow corporate interest to dictate the way our government circumvents due process against foreign entities then we should accept the same...

2 days ago by Dennis Nilsson via Facebook on ACTA stumbles in Germany
GHar123

I totally dislike pirating of works, I fear that artists will be deterred from creating works if they think that they are going to get ripped off....

2 days ago by GHar123 on ACTA stumbles in Germany
JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

2 days ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
greycynic

The product that scares me every time I have to use it is the Office 2007 version of Excel. The first bug that I found was applying the median...

2 days ago by greycynic on Ten flawed products that derail productivity
GrueMaster

Nice review and very informative. One thing I'd like to add (in reply to whs001's 1st question), the main reason to have the same interface from...

2 days ago by GrueMaster on A tale of two distros: Ubuntu and Linux Mint
Frederick Wrigley

I'be been using Mint 12 since the RC came out, and I am far more happy with the Cinnamon, the Mate, and, yes (with extensions), theGnome 3...

2 days ago by Frederick Wrigley via Facebook on A tale of two distros: Ubuntu and Linux Mint