Huawei v. Swedish Postal and Telecommunications Authority (PTS) restricted its participation in the 5G case in a public hearing at the Stockholm Administrative Court on April 21, local time, which will conclude on April 23.
Huawei argued that the PTS decision was a procedural violation of Swedish administrative law. Under Swedish law, a company has the right to be informed and consulted as a party in the process if the decision made by the authorities has a significant impact on the company. However, huawei did not implement this procedure in the course of PTS’s decision on the 5G spectrum auction.
At the same time, PTS did not provide any facts or evidence of security concerns at Huawei. Instead, PTS told the court that there was no evidence of a technical vulnerability in Huawei’s devices and software, but that it still made decisions based on speculation about the risks, completely ignoring the technical management of the risks and lacking independence and objectivity.
Kenneth Fredriksen, Huawei’s executive vice president for north-east Europe, said huawei had not had any major cyber security incidents in its 20 years in Sweden and that huawei had no capacity, no will, and had not, did not, and would not threaten Swedish national security. Huawei believes that the courts will hear cases fairly and impartially to protect and respect Huawei’s legitimate rights and interests.
“This case concerns Sweden’s credibility as an open economy and the certainty of its laws,” Fredriksen said. If the authorities can exclude a company from the market without any evidence, and the fundamental right of the company to be consulted is not guaranteed, then today is Huawei, who is tomorrow? ”
On October 20, 2020, PTS announced 5G spectrum rules with conditions that explicitly limit Huawei’s participation in 5G construction.
On January 19, 2021, PTS conducted a 5G spectrum auction and announced the results, stating that the winning 5G spectrum operator may not use Huawei equipment. Sweden’s Huawei has appealed to the Stockholm Administrative Court, asking it to rule out the illegality of Huawei and revoke the restrictions on the auction results.
