T-Mobile Austria claimed partial victory in its legal battle over the allocation of radio frequencies arising from rival Hutchison Whampoa’s takeover of Orange Austria, Reuters reports. In a blog entry the Deutsche Telekom subsidiary has indicated that an administrative court in Vienna has referred the case, which was opened in December 2012, to the European Court of Justice. Following the completion of the EUR1.4 billion (USD1.87 billion) merger between H3G Austria and Orange in January this year, T-Mobile is set to receive surplus frequencies, but has complained that the spectrum it is scheduled to receive is not in adjacent bands, unlike the assets held by A1 Telekom Austria and H3G.
As previously reported by TeleGeography’s CommsUpdate, when T-Mobile’s claims first emerged, H3G Austria CEO Jan Trionow retorted that T-Mobile had the most optimum spectrum of all Austria’s mobile operators since its October 2005 acquisition of tele.ring for EUR1.3 billion. Further, Trionow suggested that T-Mobile had the option of purchasing spectrum and base stations during the initial negotiations with A1 Telekom, but opted not to pursue that particular course of action.