Judgment_paragraph 90 · Darius Nicolai Spirlea and Mihaela Spirlea v European Commission (T-306/12)

90It must be observed, as a preliminary point, that, even in cases, such as the present, in which the Commission relies on a general presumption in order to refuse access to the documents requested pursuant to the third indent of Article 4(2) of Regulation No 1049/2001, the possibility of demonstrating that there is an overriding public interest which justifies the disclosure of the documents, in accordance with the last clause of Article 4(2), is not ruled out (see, to that effect, Commission v Éditions Odile Jacob, paragraph 126).