In a statement, NMHH says that the court found that NMHH had made a decision based on a lawful and correct interpretation of the law. It adds that Digi may now appeal to Hungary’s Supreme Court (Kuria).
NMHH says that the court also found that “the authority (NMHH) had designed the auction dossier in accordance with the EU rules and that all conditions for participation were proportionate, objective and non-discriminatory. On the basis of a detailed examination, the court also ruled that the condition that only a company against which an infringement of competition law had not been established in the 24 months prior to the commencement of the auction procedure could participate in the proceedings was lawful”.
Digi challenged NMHH’s decision to exclude it from the auction on a number of points (see: Chris Dziadul Reports: Hungary’s 5G dispute).
The 5G licences were awarded to Magyar Telekom, Telenor Hungary and Vodafone Hungary in March this year.