Sweden’s Supreme Administrative Court dismissed Huawei’s latest attempt to overturn a ban on operators using its equipment from participating in the country’s 5G auction, clearing the way for sale to resume.

In a brief statement the court threw the case out, stating the appeal against the original decision made under the Electronic Communications Act was inadmissible.

The decision is the latest chapter in Huawei’s legal fight against Sweden’s 5G auction terms, which prohibits bidders from using equipment made by either it or ZTE on security grounds.

Regulator the Swedish Post and Telecom Authority (PTS) had planned to start its 5G auction in November 2020, but was forced to postpone following a court decision to suspend application of some of the terms pending a hearing into them.

After PTS’ terms were cleared by the country’s court of appeal, the auction was rescheduled to begin on 19 January. Huawei’s case dismissed today (15 January) was against this court decision, with other legal action still outstanding on its ban.

Huawei made several statements denying its equipment constituted a security risk. It also found a perhaps unlikely backer against the ban in Ericsson CEO Borje Ekholm, who lobbied a Swedish minister in an attempt to get the divisive auction condition overturned.