Judgment_paragraph 78 · Kingdom of Sweden v Commission of the European Communities and Others (C-64/05 P)

78It should be observed that, while Article 4(1) to (3) of Regulation No 1049/2001 clearly lists substantive exceptions that may justify, or as the case may be require, a refusal to communicate the document that has been asked for, Article 4(5) confines itself to requiring the prior agreement of the Member State concerned where that State has made a specific request to that effect.