Luxembourg, 24/06/2004 (Agence Europe) - On 24 March the Commission demanded Microsoft to put onto the market its non Windows PC operating Media Player on Monday at the latest, but the company may be able to obtain a dispensation until next September.
Today the Court of First Instance is expected to receive a demand from Microsoft for interim measures, addressed to the president of the Court, Bo Vesterdorf which will request the suspension of the Commission's decision until the outcome of the appeals procedure, which could take two, three or four years. Microsoft had already requested the suspension to be over-ruled on 24 March (see EUROPE 8 June p 14). Experts believe that court president, Bo Vesterdorf, could reach a decision on the demand for interim measures in the autumn.
The interim measures demand is not suspensive and Microsoft would have to execute the condition imposed by the Commission on Media Player unless it obtains dispensation.
This dispensation might come in the shape of a request by Microsoft for initial interim measures that would suspend the execution of the European Commission's decision while awaiting full interim measures next autumn. I would appear that the Commission would not be opposed to this. This request for dispensation could be included in the demand to be made on 24 June for interim measures from Microsoft.
The Computer and Communications Industry Association decided to intervene on behalf of the Commission explaining that it would oppose Microsoft's attempt to obtain a suspension of the Commission's decision.
EUROPE would like to point out that the Commission's decision included three different aspects to it: a fine of EUR 497 million; an obligation compelling the company to strip Media Player of its Windows PC operating systems and make this version available in 90 days and to give its competitors information to allow non-Windows products to work with Windows operating systems in 120 days.