Judgment_paragraph 48 · John Dalli v European Commission (T-562/12)

48Thus, in certain situations, it is not necessary for an applicant to show that he has obtained by lawful means the confidential document relied on in support of his action. The General Court has held, when weighing up the interests to be protected, that it is necessary to consider whether particular circumstances, such as the decisive nature of the production of the document for the purpose of reviewing the lawfulness of the procedure leading to the adoption of the contested measure (see, to that effect, judgment of 6 March 2001 in Dunnett and Others v EIB, T‑192/99, ECR, EU:T:2001:72, paragraphs 33 and 34) or of establishing the existence of a misuse of powers (see, to that effect, judgment of 29 February 1996 in Lopes v Court of Justice, T‑280/94, ECR-SC, EU:T:1996:28, paragraph 59), constituted grounds for not withdrawing a document.