In the legal fight against radio frequencies' allocation, a result of takeover of Orange Austria by rival Hutchison Whampoa, partial victory has been claimed by T-Mobile Austria on Monday.

It was said by the Deutsche Telekom unit on its website in a blog entry that the case had been referred by an administrative court in Vienna to the European Court of Justice.

According to the company, its opinion that a decisive competitive disadvantage was suffered by it due to the spectrum allocation was confirmed by the referral. The allocation, says the report, gives the telecom's rivals a good head start in developing next-generation networks.

It is being said that the potential to develop an LTE (long-term evolution) network having 10 folds data speeds as compared to speeds of networks available now could be a competitive advantage in the telecoms market of Austria.

The administrative court did not comment over the same.

In December, T-Mobile had requested to the administrative court in opposition to Austria's telecom control commission's, the TKK, decision. It had decided to transfer frequencies accompanied with merger, which closed in January.

"On the group's major operating markets like Austria, Bulgaria and Croatia, price pressure in the mobile business will be further exacerbated by intensive competition", said Telekom Austria.