Judgment_paragraph 89 · European Commission v EnBW Energie Baden-Württemberg AG (C-365/12 P)

89It is true that the right to consult the file in a proceeding under Article 81 EC and the right of access to documents pursuant to Regulation No 1049/2001 are legally distinct. However, the fact remains that they lead to a comparable situation from a functional point of view. Whatever the legal basis on which it is granted, access to the file enables the interested parties to obtain the observations and documents submitted to the Commission by the undertakings concerned and by third parties (see, by analogy, Commission v Technische Glaswerke Ilmenau, paragraph 59; Commission v Éditions Odile Jacob, paragraph 120; and Commission v Agrofert Holding, paragraph 61).