updated 9/7/2005 8:57:03 AM ET 2005-09-07T12:57:03

Microsoft Corp. has filed a second appeal against a European Union ruling ordering it to share code with software rivals, the European Court of Justice said Wednesday.

(MSNBC is a Microsoft-NBC joint venture.)

Microsoft is objecting to a June order from the EU’s executive European Commission telling it to share code with open-source software companies.

Microsoft spokesman Tom Brookes said the new appeal is part of a June agreement with the commission to let the courts decide the source-code issue.

“Microsoft has filed an application for annulment with the Court of First Instance specifically concerning the issue of broad licenses in source code form of communications protocols which are based upon Microsoft’s intellectual property,” he said.

“We are taking this step so the court can begin its review now of this issue given its far-reaching implications for the protection of our intellectual property rights around the world.”

In June, Microsoft had to answer complaints from the EU head office that it was not fully complying with last year’s ruling against the company, which imposed a fine of $620.41 million and said Microsoft abusively wielded its Windows software domination to lock competitors out of the market.

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