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Document 62022CN0707

    Case C-707/22: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 17 November 2022 — Minister van Infrastructuur en Waterstaat v AVROTROS

    OJ C 189, 30.5.2023, p. 5–5 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    30.5.2023   

    EN

    Official Journal of the European Union

    C 189/5

    Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 17 November 2022 — Minister van Infrastructuur en Waterstaat v AVROTROS

    (Case C-707/22)

    (2023/C 189/06)

    Language of the case: Dutch

    Referring court

    Raad van State

    Parties to the main proceedings

    Appellant: Minister van Infrastructuur en Waterstaat

    Respondent: AVROTROS

    Other parties: Bestuur van de Luchtverkeersleiding Nederland, Royal Schiphol Group NV/Schiphol Nederland BV

    Questions referred

    1.

    a.

    What is to be understood by ‘details of occurrences’ and ‘appropriate confidentiality’ as referred to in Article 15(1) of the Occurrence Reporting Regulation (1) and in the light of the right to freedom of expression and information enshrined in Article 11 of the EU Charter and Article 10 ECHR?

    b.

    Does aggregated information fall under ‘details of occurrences’ as referred to in Article 15(1) of the Occurrence Reporting Regulation?

    2.

    a.

    Is Article 15(1) of the Occurrence Reporting Regulation, in the light of the right to freedom of expression and information enshrined in Article 11 of the EU Charter and Article 10 ECHR, to be interpreted as being compatible with a national rule, such as that at issue in the main proceedings, by virtue of which no information received from reported occurrences may be disclosed?

    b.

    Does this also apply to aggregated data on reported occurrences?

    3.

    If the answers to questions 2a and 2b are in the negative: is the competent national authority permitted to apply a general national rule on disclosure by virtue of which information is not disclosed if disclosure would be outweighed by the interests concerned with, for example, relations with other States and international organisations, with inspection, control and monitoring by administrative authorities, with respect for privacy and with preventing natural and legal persons from being disproportionately advantaged and disadvantaged?

    (1)  Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ 2014 L 122, p. 18).

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