It is a win for China hawks, who have fought to impose tougher measures against Huawei — with strong backing from Washington. The EU has spent years trying to persuade national governments to voluntarily kick out Huawei and ZTE over concerns that their presence in European telecom networks could enable large-scale spying and surveillance by the Chinese government. It is now working on broader rules that seek to reduce the bloc’s reliance on foreign “high-risk” suppliers and limit foreign government control over its digital networks.
The case was brought by Estonian telecom operator Elisa, which is seeking compensation for the costs of removing Huawei and is challenging whether the EU has the competence to ask for restrictions on Chinese vendors.
Thursday’s opinion said national security authorities can follow EU guidance when imposing bans on Huawei. The Court of Justice is expected to issue its final ruling on the case later this year, and may take the opinion from Advocate General Tamara Ćapet into account.
Laszlo Toth, head of Europe at global telecom lobby association GSMA, said in reaction that “blanket rip-and-replace mandates are an unreasonable approach to what is a highly nuanced situation.” The industry considers national security measures should remain the responsibility of national governments, he said.
Huawei said the opinion “recognizes that all restrictive measures with regards to telecom equipment must be subject to judicial review, under a strict standard of proportionality” and that “decisions cannot rest on general suspicion … but must be based on a specific assessment.”
“We expect EU or national restrictions to be scrutinized under this principle,” Huawei said.