88Those considerations must be taken into account in interpreting the first and third indents of Article 4(2) of Regulation No 1049/2001 and the second subparagraph of Article 4(3) of that regulation. If persons other than those with a right of access under Regulations Nos 1/2003 and 773/2004, or those who enjoy such a right in principle but have not used it or have been refused access, were able to obtain access to documents on the basis of Regulation No 1049/2001, the access system introduced by Regulations Nos 1/2003 and 773/2004 would be undermined (see, by analogy, Commission v Technische Glaswerke Ilmenau, paragraph 58; Sweden and Others v API and Commission, paragraph 100; Commission v Éditions Odile Jacob, paragraph 122; Commission v Agrofert Holding, paragraph 63; and LPN and Finland v Commission, paragraph 58).
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