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OS Windows 8 Enterprise x64 clean installed.
Python Version 2.6.6 and 2.7.3 both x64 installed.
Problem is to delete one Directory and immediately after create one new with the same Name!
!!! Code !!!
import sys, platform, os, shutil
TEST_PATH = "/test"
print "platform:\t", platform.platform()
print "sys.platform:\t", sys.platform
print "sys.version:\t", sys.version
print "directory test:\t'%s'" % TEST_PATH
print
if os.path.exists(TEST_PATH):
 shutil.rmtree(TEST_PATH)
if not os.path.exists(TEST_PATH):
 os.makedirs(TEST_PATH)
print "success"
!!! End of code !!!
The error is only present if the Directory was deleted previously.
Error:
Traceback (most recent call last):
 File "dir_test.py", line 23, in <module>
 os.makedirs(BUILD_PATH)
 File "C:\Program Files\Python27\lib\os.py", line 157, in makedirs
 mkdir(name, mode)
WindowsError: [Error 5] Zugriff verweigert: '/test'

I believe this is a Windows...feature? We have lots of trouble with this ourselves in the test suite, if I understand correctly.

I also think that it is a windows feature! who should report this problem with microsoft?

I'm not sure Microsoft is going to change anything about this - it has done this for a long time, if not forever. We recently had #15496 receive changes, and #7443 is in the same area and has more details and some patches, so I'd suggest taking up the discussion over there.

I think it should be possible to add a wait=False parameter to rmtree which makes it block until the directory is gone away. This could be similar to the test.support feature added in #15496.
For compatibility, such a flag should default to False, and users need to be aware that this may block "indefinitely". I'd be opposed to specifying a timeout - users who need that can use the non-blocking version, and then loop themselves (or we expose a separate wait function with a timeout).
Of course, such a feature could not be added to 2.7.