Judgment_paragraph 116 · European Commission v Éditions Odile Jacob SAS (C-404/10 P)

116It is true that, in order to justify refusal of access to a document, it is not sufficient, in principle, for that document to fall within an activity or an interest mentioned in Article 4(2) of Regulation No 1049/2001. The institution concerned must also supply explanations as to how access to that document could specifically and actually undermine the interest protected by an exception laid down in that article. However, it is open to the institution to base its decisions in that regard on general presumptions which apply to certain categories of documents, as similar general considerations are likely to apply to requests for disclosure relating to documents of the same nature (see Commission v Technische Glaswerke Ilmenau, paragraphs 53 and 54 and the case-law cited).

European Commission v Éditions Odile Jacob SAS (C-404/10 P)

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