39The applicant submits that a general prohibition on disclosing all legal service opinions cannot be inferred from the case-law. That case-law does not preclude a distinction between legal advice drafted in the course of the legislative procedure and legal advice drawn up in the context of court proceedings. Furthermore, the judgments relied on by the Council are not relevant to the present case since the problems which arose in the cases leading to those judgments related to whether opinions of the Council's legal service could be produced without specific permission in the context of proceedings before the Court of First Instance. The applicant, the Kingdom of Denmark and the Republic of Finland point out that those cases did not moreover relate to the application of Regulation No 1049/2001. The applicant refers in that regard to the judgment in Case C-350/92 Spain v Council [1995] ECR I-1985, paragraph 35, Advocate General Jacobs's Opinion (at page I-1988) in the same case and the judgment in Case T-44/97 Ghignone and Others v Council [2000] ECRSC I-A-223 and II-1023, paragraph 48.
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