On 19 March 2026, Advocate-General Capeta issued an opinion in the case of Elisa Eesti AS v Estonian Government Security Committee (C-354/24). This case concerned, among other things, whether a 2022 order from the Estonian Government for Elisa Eesti AS—a 5G network operator—to remove Huawei components from its network for national security reasons was subject to EU law, constituted a lawful restriction on the right to offer an electronic communications network, and amounted to a “deprivation of property” requiring compensation.

AG Capeta concluded that the relevant Estonian regime was within scope of EU law—specifically the European Electronic Communications Code (“EECC”)—even though that regime allowed for the imposition of orders on electronic communications network (“ECN”) providers for national security reasons. She also concluded that the requirement to obtain prior authorization from the Estonian government for use of network equipment constituted a restriction on the freedom to provide an ECN, but that this could be justified on national security grounds if the decision was based on a genuine risk assessment that meets the requirements for proportionality under EU law. She stated that this determination should be left to the referring court. Finally, she concluded that the Estonian Government’s order did not amount to a “deprivation” of property for which compensation would be required, as it was instead a mere “restriction” on the use of property.

Below, we describe these non-binding conclusions in more detail. The Court’s final ruling in this case will have significant implications for the European Commission’s proposed revisions to the EU Cybersecurity Act, which as drafted would—among other things—allow the Commission to require ECN providers to remove and cease using components from designated high-risk jurisdictions in their networks. See our prior blog post on the proposal for a revised Cybersecurity Act here.