By Veronika Gulyas

BUDAPEST--Hungary's top court, the Curia, Tuesday annulled a mobile frequency tender that would have enabled the launch of a fourth mobile telecommunications company, owned by the state.

The Curia decision said the tender was unlawful, upholding the judgment of the country's Metropolitan Court and following an appeal by the telecom firms against the outcome of a frequency tender that ended Jan. 31 last year.

Hungary's mobile market is small and highly competitive so the appearance of a fourth player--let alone a state-owned firm--would have posed further challenges for the three existing operators.

The decision means the launch of a planned fourth, state-owned mobile company in Hungary will be postponed or canceled. The state-owned company would have won a frequency band covering a range that would support both Internet and voice services.

Under the tender, the mobile phone companies operating in Hungary--Norway's Telenor ASA (TEL.OS), the U.K.'s Vodafone Group PLC (VOD) and Magyar Telekom Nyrt. (MTELEKOM.BU), owned by Germany's Deutsche Telekom AG (DTE.XE)--would have been awarded parts of the 900 megahertz frequency band on offer which would have allowed them to widen their existing businesses.

Vodafone said in a statement that it would be open to a deal with the state on the frequency band it would have won, as it has already used the 2 MHz band for building its mobile Internet coverage. Magyar Telekom and Telenor said they hoped the state would find an effective way of handling the spectrum. The state wasn't immediately available for comment.

Write to Veronika Gulyas at veronika.gulyas@dowjones.com

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