21.12.2010   

EN

Official Journal of the European Union

C 348/8

(1)

On 24 March 2004, the Commission addressed to Microsoft Corporation (Microsoft) a decision relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union (TFEU), then Article 82 of the EC Treaty (Commission Decision 2007/53/EC, ‘the Decision’). In the Decision, the Commission found that Microsoft had infringed Article 102 of the TFEU and Article 54 of the EEA Agreement. The Commission imposed a number of measures aimed at bringing to an end in an effective manner the infringements in question.

(2)

Article 7 of the Decision reads: ‘Within 30 days of the date of notification of this Decision, Microsoft Corporation shall submit a proposal to the Commission for the establishment of a suitable mechanism assisting the Commission in monitoring Microsoft Corporation’s compliance with this Decision. That mechanism shall include a monitoring trustee who shall be independent from Microsoft Corporation. In case the Commission considers Microsoft Corporation’s proposed monitoring mechanism not suitable it retains the right to impose such a mechanism by way of a decision.’

(3)

Pursuant to the provisions of Article 7 of the Decision, and following insufficient proposals from Microsoft, on 28 July 2005, the Commission addressed to Microsoft Commission Decision C(2005) 2988 (the Trustee Decision), imposing a monitoring mechanism, including the appointment of a Monitoring Trustee.

(4)

In accordance with the Trustee Decision, a Monitoring Trustee was appointed in October 2005. He has executed his mandate under the oversight of the Commission and financed by Microsoft.

(5)

On 7 June 2004, Microsoft lodged an application for annulment of the Decision with the General Court.

(6)

By Judgment of 17 September 2007 in Case T-201/04 (the Judgment) (1), the General Court annulled Article 7 of the Decision insofar as it required Microsoft to propose (and reserved for the Commission the right to impose) a monitoring mechanism including a Monitoring Trustee who would have his own investigative powers independent of the Commission and who would have to be financed by Microsoft.

(7)

A similar quality of technical advice as provided by the Monitoring Trustee is available to the Commission through external technical experts. Accordingly, the Commission has decided to rely in future, to the extent necessary, on such external technical experts to help it monitor Microsoft’s compliance with the Decision.

(8)

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 13 February 2009.

(9)

The Decision of 4 March 2009 deletes Article 7 of the Decision and repeals the Trustee Decision.