76In that regard, LPN maintains that the Commission cannot legitimately rely on the judgment in Petrie and Others v Commission, cited in paragraph 19 above, which was given before the entry into force of Regulations Nos 1049/2001 and 1367/2006. It points out that the Code of conduct concerning public access to Council and Commission documents, of 6 December 1993 (OJ 1993 L 340, p. 41), (‘the Code of Conduct’), implemented by Council Decision 93/731/EC of 20 December 1993 on public access to Council documents (OJ 1993 L 340, p. 43), and by Commission Decision 94/90/ECSC, EC, Euratom of 8 February 1994 on public access to Commission documents (OJ 1994 L 46, p. 58), which had preceded those regulations, did not require as concrete and reasoned an assessment of situations in which access to documents might impair the proper conduct of an investigation and did not even provide that an overriding public interest could take precedence over the interest in protecting the purpose of investigations. Finally, it states that, in contrast to the situation which gave rise to the judgment in Petrie and Others v Commission, cited in paragraph 19 above, if the Code of Conduct is applied, only two of the documents duly identified would not have been covered by the ‘authorship rule’ and that, in the present case, the Commission did not even consult the Portuguese authorities in order to ascertain whether it was possible to disclose documents originating with them.
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