Judgment_paragraph 51 · Darius Nicolai Spirlea and Mihaela Spirlea v European Commission (T-669/11)

51With regard, in the present case, to the scope of Article 4(5) of Regulation No 1049/2001 as regards the institution to which a request for access to a document has been made, it must be recalled that the Court has already held that, from the point of view of the person requesting access, the Member State’s intervention does not alter the fact that the decision subsequently addressed to him by the institution in reply to his request for access to a document in its possession is in the nature of a European Union act (Sweden v Commission, paragraph 94, and IFAW Internationaler Tierschutz-Fonds v Commission, paragraph 60).