A court dismissed complaints from Vodafone Germany, Deutsche Telekom and Telefonica Deutschland about the country’s 5G auction terms, clearing the way for the sale to begin tomorrow (19 March).

All three operators had contested the conditions attached to the acquisition of licences for 5G frequencies, with Vodafone and Telefonica subsequently seeking to delay the auction through emergency applications.

However, a court hearing in Cologne dismissed both operators’ concerns and applications to stall the procedure. A bid by ISP Freenet to increase obligations placed on mobile operators was also turned down.

In its translated decision the court said the terms deemed appropriate for the auction by regulator Bundesnetzagentur were lawful. These include strict targets related to providing coverage across the country’s roads and public transport network, in addition to special provisions for a new entrant.

It added: “The Bundesnetzagentur has discretion in regulating the conditions for the award of frequencies, which can only be examined in a limited way in court. Its limits have not been exceeded here.”

Dismissing the urgent requests to delay the auction, it concluded: “A timely auction of the 5G frequencies is a significant public interest. By contrast, the concerns asserted by the applicants are less important.”

The court said its decision is final and cannot be appealed.

Following the conclusion of the hearing Bundesnetzagentur confirmed the auction would begin as planned tomorrow at 10am CET.

Four bidders have been cleared to take part in the auction: the country’s three existing mobile operators, along with MVNO and internet service provider United Internet through subsidiary 1&1 Drillisch.