EU court opinion upholds Huawei network ban, says no compensation due

EU member states can bar telecom equipment suppliers such as Huawei and ZTE from national networks on security grounds without having to compensate operators for the costs, according to a non-binding opinion from an adviser to the EU Court of Justice.

The opinion stems from a case in Belgium, where operator Proximus challenged a 2020 decision by the country’s telecom regulator, BIPT, that effectively blocked Huawei from certain parts of 5G networks. The court adviser said such restrictions can be justified by national security concerns and do not automatically trigger a right to damages, even if operators must replace or remove existing equipment. The Court of Justice is expected to issue a final ruling later, but it typically follows such opinions.