84Moreover, it should be pointed out that it follows from recital 6 of the preamble to Regulation No 1049/2001 that the interest of the public in obtaining access to a document pursuant to the principle of transparency does not carry the same weight in the case of a document drawn up in an administrative procedure as in the case of a document relating to a procedure in which the EU institution acts in its capacity as legislator (Agapiou Joséphidès v Commission and EACEA, cited in paragraph 75 above, paragraph 139; see also, to that effect, Commission v EnBW Energie Baden-Württemberg, cited in paragraph 42 above, paragraph 91).
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