At the end of June, Chinese telecom giant Huawei lost the case against Swedish PTS in the administrative court and thus also the opportunities to sell 5G equipment in Sweden. The verdict was appealed quickly, but Huawei has now supplemented its appeal to the Court of Appeal, media ENT writes.
Lawyer Henrik Bengtsson who is representing Huawei says in a press release, that the judgment of the Administrative Court is materially incorrect on several points. The most remarkable thing is that the court, without further analysis, has accepted the Security Police’s and the Armed Forces’ sweeping and sweeping speculations, and accepted the lack of concrete evidence and detailed analyzes from the authorities. These authorities have been given too much influence in matters in which they have no competence. This also means that PTS has not made any independent decisions, he states.
Henrik Bengtsson further considers that the Court of Appeal should grant leave to appeal, as the National Post and Telecom Agency’s decision is contrary to both Swedish law and EU law, with regard to both substantive and procedural errors.
“The Administrative Court’s ruling raises important, fundamental issues, but does not entail all the company’s arguments. It is therefore important that these issues are examined by a higher court, especially concerning the important EU legal issues that the case concerns, but also because this is the first case that is examined after the current provisions in the Electronic Communications Act (LEK) were introduced,” the press release states and continues:
Huawei also claims that the Court of Appeal should request a preliminary ruling from the European Court of Justice to clarify several important issues regarding how EU law should be interpreted if the Court of Appeal does not share Huawei’s interpretation of these EU legal provisions.
It is unknown how long it will take before the Court of Appeal announces whether it will take up the case.