This ruling ensures KRO does not need to retract the broadcasts or remove them from the Internet. The court specifically acknowledges that safety concerns regarding the airline have been supported by sufficient evidence. Finally, the court ruling orders Ryanair to cover the costs of the legal proceedings. 

“The true value of the decision is that it sends an unmistakable message,” says Philip von Schöppenthau, ECA Secretary General. “It is regrettable that the chilling effect of legal activity by a company against pilots, professional associations and the media may have the effect of suppressing important information of public interest. It cannot be excluded that further events involving fuel emergencies in the recent past have not been reported in the media. Hopefully, the decision will lift any self-imposed censorship and retractions by some media in the face of legal or commercial pressure that we notice recently in Europe.” 

In 2012 and 2013 “Brandpunt Reporter” broadcasted a two-episode TV investigation in which Ryanair pilots, speaking anonymously, raised concerns about the airline’s fuel policies and company culture. The pilots revealed that the company may be exerting pressure on them to minimize the amount of fuel they take on board a practice which limits significantly the fuel costs for the company but could jeopardize safety in certain circumstances. 

The direct reasons for this broadcast were 3 emergency landings of Ryanair aircraft in Valencia Spain on the July 26, 2012, within a short timeframe due to low fuel levels. In a second episode of “Brandpunt Reporter”, anonymous Ryanair pilots expressed concerns about a “fear” culture in the company to penalize them or pressure them to fly even when sick or tired. Ryanair denied the allegations, requested rectifications of the TV episodes and initiated legal proceedings, accusing KRO of unlawful and negligent conduct.