62Similarly, the applicant’s argument to the effect that failure to grant him access to the investigation file will infringe his rights of defence and be contrary to Article 42 and Article 48(2) of the Charter of Fundamental Rights cannot succeed. It should be recalled in that regard, first, that the present action was brought on the basis of Regulation No 1049/2001 after access to documents was refused. Second, it is common ground that the investigation had not been concluded and no final report yet completed at the time when the present proceedings were brought and, accordingly, no consequent decision had been adopted. Moreover, contrary to what is claimed by the applicant, Regulation No 1049/2001 is intended to ensure that any person may have access to documents, so that once a document has been disclosed, in accordance with the provisions of the regulation, it enters the public domain.
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