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Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2024-01/cp240011en.pdf

Disaster involving flight MH17: the confidentiality of certain information concerning aviation safety is justified and proportionate

On 17 July 2014, 298 people lost their lives when Malaysia Airlines flight MH17 from Amsterdam (Netherlands) to Kuala Lumpur (Malaysia) was downed by a missile of Russian origin while it was above Hrabove, a village located in Donbas, a region of eastern Ukraine that was at that time controlled by pro-Russian separatists. In 2018, RTL Nederland and RTL Nieuws, two Dutch media undertakings, requested information in this connection from the Netherlands Government.

The competent minister refused that request, referring to the confidentiality of the information concerned, under national and EU law 1 .

The RTL undertakings dispute that confidentiality. In addition, in their appeal before the Council of State (Netherlands), they rely on the fundamental right to freedom of expression and information and on the specific role of ‘watchdog’ accorded to the press in that context.

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