Judgment_paragraph 47 · Kingdom of Sweden v Commission of the European Communities and Others (C-64/05 P)

47The fact that Article 4(5) of Regulation No 1049/2001 uses different terms from those of Article 9(3) of the regulation, a provision which also refers to the need to obtain the consent of the originator, has no bearing on the interpretation set out in paragraphs 44 and 45 above. In contrast to Article 9(3), Article 4(5) does not make the prior agreement of the Member State an absolute condition of the disclosure of a document, but makes the possible need for such agreement subject to a prior expression of will by the Member State concerned. In those circumstances the use of the expression ‘may request’ simply emphasises that that provision gives the Member State an option, and only the actual exercise of that option in a particular case has the consequence of making the prior agreement of the Member State a necessary condition of the future disclosure of the document in question.