Follow up | Huawei’s appeal in Sweden is rejected again

According to news from Reuters on January 15, Huawei had previously appealed the case of Sweden’s exclusion of Huawei from participating in the construction of local 5G networks. After a judicial game, the judicial result was released. The relevant court in Sweden rejected Huawei’s appeal, which is scheduled to be held next week. The 5G spectrum auction will take place without Huawei’s participation.

The picture comes from OFweek

Earlier, Huawei launched a legal challenge to Sweden’s telecommunications regulator, the Post and Telecommunications Authority (PTS), for excluding Huawei from the construction of Sweden’s 5G network as a “threat to national security”. To that end, PTS suspended the 5G spectrum auction after a court partially suspended its decision to exclude Huawei and ZTE.

After that, the Swedish Administrative Appeals Court ruled that PTS could resume the 5G spectrum auction. At the same time, Huawei and ZTE can launch legal challenges, and Huawei therefore appealed the decision in early January.

In a statement dated January 14, Sweden’s highest administrative court said: “The decision of the Administrative Court of Appeal in a case involving Electronic communications law is final and therefore cannot be appealed… Therefore, the appeal should be dismissed.”

It should not be a surprise that Sweden’s 5G spectrum auction ended with this result after many confrontations.

The following is a brief process of events organized by OFweek:

On October 21, it was reported that Sweden’s PTS banned Chinese companies from participating in the country’s 5G construction on the grounds of “threatening national security,” involving Chinese companies including Huawei and ZTE. At the same time, Swedish authorities have also asked companies participating in the 5G auction to remove Huawei and ZTE equipment from existing infrastructure and core functions by January 1, 2025.

On November 6, according to Swedish media reports, Huawei filed an appeal against the Swedish government’s decision to exclude Chinese telecom equipment manufacturers, including it, from Sweden’s 5G network suppliers. A spokesman for the PTS interim secretariat said the appeal would be sent to the Stockholm Administrative Court, which would handle the case.

Chinese Ambassador to Sweden Gui Congyou was interviewed by Swedish media, screenshot from Swedish media

On November 9, PTS suspended its 5G spectrum auction on the same day because a court partially suspended PTS’ decision to exclude Huawei and ZTE from the construction of Sweden’s 5G network. The operator has been notified of the auction suspension and will assess the possibility of launching as soon as possible, PTS said.

The court involved was the Stockholm Administrative Court, which said in its ruling that part of the PTS decision before the 5G spectrum auction will not be implemented until further notice. The move effectively temporarily lifts the ban on Huawei and ZTE, allowing them to participate in Sweden’s upcoming auction of 5G spectrum.

Sweden’s 5G spectrum auction was originally scheduled to start on November 10, and the ban on Huawei and ZTE may benefit Nokia and Ericsson.

In early December, Huawei told the media that it was willing to meet any requirements the Swedish government might have for 5G network equipment and take other steps to ease concerns.

On December 17th, a Swedish appeals court said on the 16th that PTS can resume the 5G spectrum auction. At the same time, the court ruled that Huawei and ZTE could launch a legal challenge to its exclusion from the auction.

PTS said in a statement that the ruling on the 16th means that the auction can resume, “but PTS needs to get in touch with the participating manufacturers. This means that the auction will not start in December”.

On December 18, PTS said it would resume 5G spectrum auctions on January 19.

On January 7, it was reported that Huawei had filed an appeal on January 5 against a ruling by a Swedish court that allowed PTS to resume 5G spectrum auctions and, at the same time, excluded Huawei from the construction of Sweden’s 5G network.

Huawei said in a statement: “Huawei has appealed to the (Sweden) Supreme Administrative Court on January 5.” Huawei also stated that the conditions set by the PTS are actually to exclude Huawei from the Swedish market. The decision was made without hearing from Huawei, which violates basic European principles.

After that, it’s the final result on January 15th…

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