47It should be recalled also that, under Article 8 of Regulation No 1049/2001, ultimate responsibility for the proper application of that regulation lies with the institution and it is for the latter to defend the validity of the decision before the Courts of the European Union or the Ombudsman. If the institution were required to accept automatically the reasons given by the Member State, it would be forced to defend — vis-à-vis the person making the request for access and, in some cases, before those review bodies — positions which it does not itself consider to be defensible.