44The Court of First Instance was also right to find, also in paragraph 58, that the requirement in that provision of ‘prior agreement’ of the Member State would risk becoming a dead letter if, despite a Member State's objection to disclosure of a document originating from it, the institution were nevertheless free to disclose the document in question, even without any ‘agreement’ of that Member State. It is clear that such a requirement would have no useful effect, and indeed would be meaningless, if the need to obtain such ‘prior agreement’ to disclosure of the document ultimately depended on the discretion of the institution in possession of the document.
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