Maintaining the confidentiality of certain information relating to air safety is justified and proportionate, ruled the Court of Justice of the European Union in a judgment delivered on Thursday 18 January (case C-451/22).
In the Netherlands, two media companies from the RTL group are challenging, in the name of freedom of information, the confidentiality of information invoked by the country’s competent minister relating to Malaysia Airlines flight MH17, which was shot down in 2014 over Donbass, in the east of Ukraine and controlled at the time by pro-Russian separatists, causing the death of 298 people (see EUROPE 13066/18).
In its judgment, the Court confirms that the confidentiality of information relating to air incidents and accidents is a central element of the supervision and control system, established by regulation (376/2014) on the follow-up of occurrences in civil aviation. This system is based on the collection, sharing and analysis of this information between public authorities, with the aim of improving air safety.
According to the European Court, confidentiality is strict and applies to all information collected or drawn up by the competent national authorities. Even if this general and strict confidentiality regime impairs the right to freedom of expression and information, it is justified and proportionate to the objective pursued, it emphasises.
This situation does not prevent the public or the media from seeking information on the subject from other sources or by other means. In addition, the possibility of the disclosure of the information in question, at the initiative of and under the control of the competent authorities or courts, is not precluded insofar as such an initiative remains compatible with the preservation of air safety.
See the judgment of the Court of Justice’s judgment: https://aeur.eu/f/agi (Original version in French by Mathieu Bion)