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Estonia defends national security measures in landmark 5G case before the Court of Justice of the European Union

TEGOS represented the Republic of Estonia in a landmark dispute concerning national security and the prohibition on the use of Huawei technology in the development of Estonia’s 5G network.

The proceedings were initiated by Elisa Eesti AS, which challenged the State’s decision prohibiting the use of hardware and software manufactured by Huawei Technologies Co. Ltd. The case raises significant questions at the intersection of national security, EU law and the deployment of critical communications infrastructure.

The Estonian administrative court referred the matter to the Court of Justice of the European Union for a preliminary ruling. Approximately ten EU Member States submitted written observations, and the case was heard by the Grand Chamber of the CJEU. The Advocate General’s Opinion was delivered in March 2026.

The outcome of the case is expected to have significant implications for the regulation of 5G networks and the balance between national security interests and the EU internal market.