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A European Union court aims to rule on Microsoft Corp's challenge of a major antitrust decision by the summer of 2006, the judge leading the case told Reuters. "It's only a very rough sketch but my hope is to have (the case) finished by the summer (of 2006)," Court of First Instance Judge Hubert Legal said in an interview last week. "It depends on the substantial issues we meet."
The European Commission decided nearly one year ago that Microsoft competed unfairly against competitors, fined it 497 million euros ($656.9 million) and ordered it to offer a stripped-down version of Windows and share some protocols with rival makers of servers.
Microsoft lost a bid in December to have the sanctions suspended until the case was complete, but it has yet to fully implement these in a way acceptable to the EU executive.
Legal, the lead judge of a panel of five which must reach its decision unanimously, said he hoped to have the written procedure in the case wrapped up by this summer, setting the stage for a hearing late this year.
Other members of the court who will decide the case are Pernilla Lindh of Sweden, Paolo Mengozzi of Italy, Irena Wiszniewska of Poland and Vilena Vadapalas of Lithuania.
Once the case is decided, either side can appeal its decision to the European Court of Justice, the highest EU court.
Legal said Microsoft has already sent in its "second written plea" - its answer to the European Commission.
And he said that this week he expected which interveners - outside parties who have an interest in the case - will be made part of the case.
These other parties - including such parties as RealNetworks - will make their own observations and then the Commission and Microsoft will have their say.
One complicating factor is language, because the court for the 25-member European Union operates in many languages.
Although the language of the Microsoft case is English, all of the working documents and the final decision will be drafted in French.
The decision must be translated into English before it can be released.

Copyright Reuters, 2005

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