39Thirdly, and as the Council correctly submits, Article 67(3) of the Rules of Procedure of the Court of First Instance does not cast doubt on the correctness of the principles stated in paragraphs 46 and 47 of the judgment under appeal That provision, which features in Title II, Chapter 3, Section 2, of those Rules, dealing with measures of inquiry, merely provides in its third subparagraph that ‘[w]here a document to which access has been denied by a Community institution has been produced before the Court of First Instance in proceedings relating to the legality of that denial, that document shall not be communicated to the other parties’. Such a provision is intended, above all, to safeguard the effects of the decision, which has been adopted by an institution, not to disclose a document so long as the Court of First Instance has not decided on the substance of the case, since such nondisclosure is precisely the issue in the dispute submitted to that Court. On the other hand, that procedural provision, even though it shows that the Court may, where appropriate, be required to take cognisance of a document to which the public has been denied access, cannot have any relevance whatever for the purpose of defining the limits of the scope of the judicial review incumbent on the Community Courts under the EC Treaty.
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