The Kúria, Hungary’s supreme court, has ruled against the appeal of Klubrádió over the use of the 92.9 MHz frequency, saying the commercial channel lost the frequency due to a flawed application, the National Media and Communications Authority (NMHH) said on Wednesday. In its ruling on Sept. 28, the Kúria fully rejected Klubrádió’s appeal, saying that NMHH’s procedure had been fully in line with relevant legislation. It upheld earlier decision of the media authority and the Municipal Court, saying that besides “flaws warranting disqualification” in the application papers, the station’s economic operation ran afoul of legal requirements and the conditions of the tender. The flaws disclosed in the tender warranted immediate disqualification under Hungarian law, and fell beyond the purview of NMHH, the Kúria said.
“Based on those facts, the media authority had no choice but to disqualify the tender. The Kúria also rejected Klubrádió’s argument that the disqualification harmed the principles of freedom of the press and due process,” NMHH said. Those arguments cannot be the baseline for violating the law or preferential treatment, it said. “NMHH or the Municipal Court did not strip Klubradio of the use of the 92.9 MHz frequency; rather, Klubrádió did so itself by submitting a flawed, incomplete and inconsistent tender,” the authority said.