67Where a Member State relies on Article 4(5) of Regulation No 1049/2001 and pleads grounds for refusal listed in Article 4(1) to (3) thereof, it is within the jurisdiction of the Courts of the European Union to verify, where a person to whom the institution has refused to grant access so requests, that that refusal was validly based on those exceptions, despite the fact that the refusal results from the assessment of those exceptions made, not by the institution itself, but by the Member State concerned. In addition, it should be pointed out that, from the point of view of the person concerned, the intervention of the Member State does not detract from the Community nature of the decision that is subsequently addressed to him by the institution in response to the request he has made for access to a document in its possession (see, to that effect, Sweden v Commission, paragraph 15 above, paragraph 94).