The European Court of First Instance said on Tuesday it will rule on Microsoft's challenge to a 2004 antitrust decision by the European Commission on Sept. 17. The European Union's second-highest court said the long-awaited judgment is to be delivered exactly two months from now in the court's Luxembourg seat, which may be appealed before the European Court of Justice, the EU's highest court. In its landmark decision three years ago, the European Commission found Microsoft violated the EU competition law for abuse of its dominant position and fined the company a record 497 million euros (685 million U.S. dollars). In addition, the U.S. software giant was also required to provide a new version of Windows operating system without its own media player program, and to disclose complete and accurate interface documentation, allowing its competitors to interoperate with its Windows PCs and servers. Microsoft then contested the Commission's 2004 ruling at the European Court of First Instance. The Commission imposed on Microsoft last July another fine totaling 386.5 million U.S. dollars, based on the finding that the company failed to fully respect its 2004 ruling, which Microsoft said it will also appeal.
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