"We will not appeal the Court of First Instance's decision to the European Court of Justice and will continue to work closely with the commission and the industry to ensure a flourishing and competitive environment for information technology in Europe and around the world, " Microsoft said in a press release on Monday morning.

FORBES: EU's Hard Line Cows Microsoft

But he did not order her to do so because the decision was hers in the first instance and the courts are supposed to step in only when necessary.

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Microsoft promptly lodged an appeal with the EU's Court of First Instance (CFI), which on September 17th upheld the European Commission's 2004 decision.

ECONOMIST: Windows open to the developers