The undeclared war between the Microsoft and the European Union has been relatively quiet for the past few months; we haven't heard much from either party since the EU fined Microsoft $1.36 billion. The scarcely settled cauldron between the two organizations, however, is about to receive a good stirring, due to the actions of EU Parliment representative and Green Party member, Heide Rühle. Rühle has filed a question (PDF) with the Parliament, raising the issue of whether the EU's legal findings against the company preclude it from taking part in future public procurement discussions.

Rühle's complaint rests on the fact that Microsoft was convicted in 2004 of "abusing its dominant position in the software market, causing a huge damage both on competitors and consumers." Redmond appealed that decision, but the Court of First Instance (CFI) rejected the company's appeal in September, 2007. Microsoft chose not to appeal that ruling, which, according to Rühle, gives the court's decision res judicata status. The term refers to a situation in which the validity of the court's findings, and the evidence of Microsoft's abuse, is considered settled and is no longer contested.