Judgments
ECJ on MH17 shooting down: Dutch data remains secret
The Malaysia Airlines Boeing 777, which was shot down over Ukraine as flight MH17 and was reassembled from rubble, is standing in a hall. photo
© Peter Dejong/AP/dpa
The European Court of Justice rules that the Netherlands does not have to publish information about the downing of flight MH17. For the judges, flight safety comes first.
The Dutch government must comply with the judgment of the According to the European Court of Justice (ECJ), it will not publish any safety-related information about the downing of flight MH17.
Keeping such data under lock and key affects freedom of information and the right to freedom of expression. However, the judges in Luxembourg decided that this was justified and appropriate because the confidentiality of data on flight disruptions and accidents is central to air traffic control.
The background is a lawsuit by the Dutch media companies RTL Nederland and RTL Nieuws regarding the crash of flight MH17. Pro-Russian separatists shot down the plane in 2014 on its way from Amsterdam to Kuala Lumpur in Malaysia. All 298 passengers and crew died.
The media requested access to various documents from the Minister of Justice, including reports from the European Coordination Center for Accident and Incident Reporting Systems. The minister rejected the request, citing the confidentiality of this data.
The ECJ now agreed with this. The public and media could also obtain information on the topic from other sources. Authorities may decide on their own to publish such information – but only if it does not endanger flight safety. The Dutch court will now decide on the specific case. It must adhere to the requirements of the ECJ.