97Secondly, it must be observed that, other than their general arguments concerning the gravity of the alleged infringement and the need to protect public health and their assertion that treatments at the private clinic have led to the death of a number of patients in Germany, the applicants do not put forward any specific, substantiated reasons which would justify the disclosure of the documents at issue in this case. In particular, they have not explained in what way the disclosure to them of the documents at issue, that is to say, the two requests for information sent by the Commission to the Federal Republic of Germany, would serve the interest of protecting public health. It must be emphasised in this connection that, as is clear from the case-law cited in paragraphs 91 and 92 above, while the burden of proof, when applying the exception in the third indent of Article 4(2) of Regulation No 1049/2001, rests on the institution invoking that exception, in so far as concerns the last clause of Article 4(2) of the regulation, it is, by contrast, for the party alleging an overriding public interest, within the meaning of that clause, to prove that interest.
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