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EU court transfers Microsoft case to judge panel By David Lawsky BRUSSELS (Reuters) - The European Union's second highest court has taken the Microsoft antitrust case away from the judge to whom it was originally assigned and given it to a panel of 13 judges, a court official said on Friday. "I can confirm that the case has been moved to the Grand Chamber," said a court official, who asked not to be identified. The official also confirmed that the panel or chamber will be headed by Court of First Instance President Bo Vesterdorf and that the case itself will be handled by Judge John Cooke. But Judge Hubert Legal, who had been in charge of a panel of five judges handling the case, will no longer participate, the court official said. Sources have said Legal was removed, because he wrote a controversial article that angered fellow judges. Vesterdorf had proposed a change in judges after Judge Legal created an uproar by writing a piece that used the words "ayatollahs of free enterprise" in connection with law clerks and suggested they might have undue influence on some judges. The European Commission found in March 2004 that Microsoft competed unfairly against rivals, fined it 497 million euros ($605 million) and ordered it to change some of its business practices. Now the 13-judge panel will decide whether to uphold the Commission's decision or reject all or part of it. The decision to change judges comes only a few days before the court is set to take its summer break. In the past those familiar with the case have estimated that a change in judges may lead to a delay of anything between three months and a year beyond June, 2006, when a decision had originally been expected.
http://www.microsite.reuters.com
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