72If the Member State gives a reasoned refusal to allow access to the document in question and the institution concerned is consequently obliged to refuse the request for access, the person who has made the request enjoys judicial protection. It is within the jurisdiction of the European Union judicature to review, on application by a person to whom the institution has refused to grant access, whether that refusal could have been validly based on those exceptions, regardless of whether the refusal results from an assessment of those exceptions by the institution itself or by the Member State concerned (see, to that effect, Sweden v Commission, paragraphs 90 and 94).
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