Luxembourg, 07/06/2004 (Agence Europe) - Like any other company undertaking an action to have a "competition" decision by the Commission overturned, Microsoft had two months to introduce the appeal announced against the decision taken on 24 March by Commissioner Monti, condemning it for abuse of a dominant position. With the two months expiring on 8 June, the press was already able to predict the imminent arrival of the Microsoft appeal for this Tuesday, at the registrar of the Court of First Instance of the EU.
Like any other company, Microsoft had several options: -a simple request for the 24 March decision to be overturned; -a cancellation request together with a request for the accelerated procedure (as did Tetra Laval and Schneider); -or a cancellation request accompanied by a request for interim measures to suspend the Commission's decision, pending the Court's decision to overturn.
Microsoft went for the last of these. Although the appeal for cancellation is anticipated for this Tuesday, the interim measures, designed to suspend the decision, could be taken in the next few weeks. The interim order, to be taken by Bo Vesterdorf, the Court President, could thus not happen before September (a written procedure, a hearing and then the interim order are required).
The interim procedure is not suspensive in itself. This means that on of the obligations upon Microsoft- to market a version of Windows which does not come with a Windows Media Player by the end of the month of June- will not be suspended until the Court rules on its interim order (which could be September). EUROPE has already explained (see 31 March 2004) that in practice, Bo Vesterdorf could ask the Commission not to oblige Microsoft to comply by the end of the month. If it does, the Commission will have to discuss it, and decide whether to accept President Vesterdorf's proposal.
Or, the Court President could simply, on request of the company, take an initial interim order, suspending the decision of the Commission until September's interim order is returned.
Lastly, it is worth noting that Microsoft was also fined 497 million, which may not be paid once Microsoft has brought its appeal to the Court of First Instance; it has the option of setting up a bank guarantee until the ruling is returned on the substance, if they would rather not pay it immediately.