Numerous references to the "Irish touch" in the report evaluating bids for the State's third mobile phone licence reflected an apparent bias towards Meteor Communications and against the British telecommunications company, Orange Communications, it was claimed at the Supreme Court yesterday.

Mr Dermot Gleeson SC, for Orange, said he was attacking the "Irish touch" references as being pro-Irish and against outsiders. He argued that to be pro-Irish in the tendering process for the third mobile licence was contrary to EU regulations.

Counsel said the court should consider the impact the references to the "Irish touch" in the report, compiled by Danish consultants AMI and telecoms regulator's office, might have on an Irish person.

For example, it was stated in a document relating to the evaluation process that Orange appeared to view the network in the Republic of Ireland as an essential part of its DCS 1800 network in Great Britain and Northern Ireland, Mr Gleeson said. This was an inaccurate description of the Orange network.

Mr Gleeson said it was also stated that Meteor had given its application "the Irish touch" through a proposed strategic alliance with An Post and its involvement with an Irish firm, RFK Communications.

He was making submissions opposing the appeal by regulator and by Meteor against the High Court's decision last October quashing the decision to award the licence to Meteor.

Ms Justice Macken found the decision of October 1998 to award the licence was objectively biased and unreasonable. She also found the regulator's failure to give Orange reasons for its failure to secure the licence was wrong in law.

The hearing continues today.