LUXEMBOURG – The Dutch government’s decision not to disclose safety information regarding Flight MH17’s downing was deemed justified based on confidentiality grounds, a top EU court ruled on Thursday, reported dpa news.
The European Court of Justice (ECJ) said in a press release “the confidentiality of certain information concerning aviation safety is justified and proportionate.”
Dutch media companies RTL Nederland and RTL Nieuws took the Dutch government to court after authorities refused applications for documents related to the shooting down of the MAS passenger plane on July 14, 2014.
Kremlin-directed separatists shot down the plane over eastern Ukraine en route from Amsterdam to Kuala Lumpur. All 298 passengers and crew members were killed.
The ECJ acknowledged in its binding ruling that the decision restricts freedom of information and the right to freedom of expression but said confidentiality is central for sharing data in aviation safety.
The Luxembourg-based court said the public and media may obtain the flight information from other sources with regulators free to publish the information so long as aviation safety is not compromised.
The matter now returns to the Dutch judicial system where the court must make a decision on the case in line with the ECJ’s ruling. – January 18, 2024