Judgment_paragraph 93 · Kingdom of Sweden v Commission of the European Communities and Others (C-64/05 P)

93In the present case, however, it must be noted that Article 4(5) of Regulation No 1049/2001 — unlike other Community legislation on which the Court has ruled (see, inter alia, Case C-269/99 Carl Kühne and Others [2001] ECR I-9517, paragraphs 50 to 54) — did not aim to establish a division between two powers, one national and the other of the Community, with different purposes. As pointed out in paragraph 76 above, that provision creates a decision-making procedure the sole object of which is to determine whether access to a document should be refused under one of the substantive exceptions listed in Article 4(1) to (3) of the regulation, a decision-making procedure in which both the Community institution and the Member State concerned play a part, in the terms stated in paragraph 76.