Judgment_paragraph 97 · Association de la presse internationale ASBL (API) v Commission of the European Communities (T-36/04)

97The overriding public interest, as referred to in the last line of Article 4(2) of Regulation No 1049/2001, which is capable of justifying the disclosure of a document which undermines the protection of court proceedings must, as a rule, be distinct from the above principles which underlie that regulation. However, the fact that, as is the case here, a party requesting access does not invoke a distinct public interest does not automatically imply that it is unnecessary to weigh up the interests at stake. The invocation of those same principles may, in the light of the particular circumstances of the case, be so pressing that it overrides the need to protect the documents in question.

Association de la presse internationale ASBL (API) v Commission of the European Communities (T-36/04)

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