98Thirdly, even if the applicants’ general allegations concerning the existence of an overriding public interest in health protection were to be accepted, the disclosure of the documents sought in the present case is unlikely to serve that interest. Indeed, it must be observed that it is not for the applicants to establish to what degree EU law, and Regulation No 1394/2007 in particular, was being complied with by the German authorities, in the light of the factual context set out in their complaint. On the contrary, the Court would confirm the Commission’s view that it is in the public interest for it to clarify for itself whether EU law has been complied with by the Federal Republic of Germany, that being the best way to protect public health.
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