BRUSSELS (Reuters) – Software giant Microsoft has filed an appeal against a 280.5 million euro ($356.4 million) fine the European Commission imposed in July, holding it defied a 2004 antitrust ruling.

“As Microsoft said in July, we would appeal the fines imposed on the company at that time. The deadline for the appeal was October 2,” a Microsoft spokesman said on Tuesday.

The appeal was lodged with the Court of First Instance in Luxembourg, the second highest European Union court. Microsoft says it has been trying to comply with the 2004 decision but the Commission said the company has dragged its feet.

The 280.5 million euro fine was on top of a record fine of 497 million euros the Commission imposed in its landmark antitrust decision against the U.S. software giant in March 2004.

Microsoft also appealed the 2004 decision to the Court of First Instance. The court is expected to rule late this year or next year in the main case.