27As regards the interests the protection of which the third indent of Article 3(2) of the directive serves to secure, the exceptions provided for therein relate to information held by a public authority relating, first, to matters which are the subject of legal proceedings, next, to matters which are the subject of enquiries (including disciplinary enquiries) and, lastly, to matters which are the subject of ‘preliminary investigation proceedings’. It is thus clear, as the Advocate General pointed out in paragraph 23 of his Opinion, that that exception covers exclusively proceedings of a judicial or quasi-judicial nature, or at least proceedings which will inevitably lead to the imposition of a penalty if the offence (administrative or criminal) is established. Viewed in that context, therefore, ‘preliminary investigation proceedings’ must refer to the stage immediately prior to the judicial proceedings or the enquiry.
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