Judgment_paragraph 50 · Kingdom of Sweden v Commission of the European Communities and Others (C-64/05 P)

50It follows from the above that, where a Member State has made use of the option given to it by Article 4(5) of Regulation No 1049/2001 to request that a specific document originating from that State should not be disclosed without its prior agreement, disclosure of that document by the institution requires, as the Court of First Instance correctly held in paragraph 58 of the contested decision, the prior agreement of that Member State to be obtained.