70Next, contrary to the applicants’ submission, it must be observed that the Commission did not restrict itself in the contested decision to stating the position maintained by the Federal Republic of Germany with regard to the application for access. It also set out the literal tenor of extracts from the opinion which the latter had sent it following the consultation (section 3 of the contested decision). The passages in question are those in which the Federal Republic of Germany explained, in substance, that it was, in its view, necessary in an EU Pilot procedure for there to be an atmosphere of mutual trust with the Commission, to enable a process of negotiation and compromise to be engaged with a view to a swift and complete resolution of the matter. It is also clear from those extracts that, in the Federal Republic of Germany’s view, disclosure of the document at issue would only undermine the sincere cooperation between it and the Commission which it was necessary to maintain during the ongoing investigation.
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