European Union: Advocate General issued opinion on authorisation requirements for telecommunications network hardware and software on national security grounds

On 19 March 2026, an Advocate General of the Court of Justice of the European Union (CJEU) delivered an opinion in Case C-354/24 (Elisa Eesti). The case concerns a preliminary ruling request from the Tallinn Administrative Court arising from a challenge by telecommunications operator Elisa Eesti AS against decisions by Estonian authorities restricting the use of Huawei hardware and software in its network on national security grounds through time-limited permits. The Advocate General concludes that Estonia's prior authorisation requirement for hardware and software in electronic communications networks falls within the scope of Directive 2018/1972 establishing the European Electronic Communications Code (EECC) and constitutes a restriction on the freedom to provide electronic communications networks and services. The opinion further concludes that Member States cannot exclude national security measures from EU law scrutiny by invoking Article 4(2) of the Treaty on European Union, that such measures must involve a genuine risk assessment to be justified on public security grounds, and that failure to notify such measures to the European Commission does not render them inapplicable. Finally, the opinion concludes that limiting the use of existing equipment for a period shorter than its useful life does not amount to a deprivation of property under Article 17(1) of the EU Charter of Fundamental Rights. The issued opinion is not binding on the Court.