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The court’s decision means that the judgment of the Court of Appeal applies. This means that PTS’s decision to exclude Huawei from the Swedish 5G market applies until further notice and PTS may carry out the 5G auction that is scheduled for next week.
– We have already announced that the auction will start on January 19, that’s right, says Petter Öhrn, Press Officer at PTS.
TT: So this message from the court doesn’t change anything?
– No.
The basic issue, namely the fact that PTS decided to exclude Huawei from the Swedish 5G market, which the company has appealed, has yet to be discussed in court.
The court’s decision now refers to the so-called inhibition case, which Huawei demanded that the 5G auction be stopped pending a decision on the basic issue.
Therefore, the court has not found any obstacles to carry out the planned auction anyway.
The Supreme Administrative Court justifies its decision by claiming that it is not possible to appeal the judgment of the Court of Appeal in the matter.
“The judgment of the Court of Appeals is a decision in a case under the Electronic Communications Act and therefore cannot be appealed. Therefore, an appeal must be rejected,” the court wrote in the decision.
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