It’s not long since Microsoft was hit by a massive fine in Europe for non-compliance in opening up its code to other developers. The total was about $680million, or 899 million Euros. But it hasn’t stopped the EU from doing business with the software giant. One Member of the EuropeanParliament is outraged by that, however. Heidi Ruhle, a member of the German Green Party, has question why the EU is still buying from Microsoft when the company has yet to comply with orders,and wants the purchasing to end until Microsoft steps into line. "Considering that Microsoft continued to abuse its powerful market position after the Commission’s March 2004 decisionrequiring it to change its practices, and given the fact that it is already the third time in four years that the Commission had to impose fines or penalty payment for non-compliance with aCommission decision, and bearing in mind that the 17 September 2007 CFI judgement has the force of res judicata, does the Commission consider that Article 93 (b) and (c) of Financial Regulation, readin conjunction with article 45(2) of Directive 2004/18/EC could be applied to Microsoft in this particular case and with regard to any ongoing or future public procurement procedure? If it is thecase, could we therefore consider that Microsoft does not fulfill the conditions to participate in such public procurement procedure?" Whether the European Parliament will act on itremains to be seen.
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