The injunction would have barred Microsoft from “offering, marketing, using or importing or possessing” in Germany some products including the Xbox 360 and certain Windows software.
The ruling against the German injunction came from the 9th U.S. Circuit Court of Appeals in San Francisco.
Brian Love, a professor at Santa Clara Law school in Silicon Valley, said the decision helps Microsoft counteract a favorable dynamic for Google in Germany.
“To some extent Germany has a reputation as place you can go and get an injunction relatively easy,” Love said.
“At bottom, this case is a private dispute under Washington state contract law between two U.S. corporations,” the court ruled.
U.S. senators insisted that the EU has no right to impose the burden on US airlines, and they passed a law to protect US airlines from having to buy CO2 emissions certificates. That has put pressure on the EU to rethink the plan.