62As the General Court correctly held in paragraph 49 of the judgment under appeal, such studies are among the instruments available to the Commission, in the context of the obligation imposed on it, under Article 17(1) TEU, to oversee, under the control of the Court, the application of EU law, in order to uncover any failures by Member States to fulfil their obligation to transpose the directives concerned and in order to decide, when necessary, to initiate infringement proceedings against those Member States which it considers to be in breach of EU law. The studies fall, consequently, within the scope of the concept of ‘investigations’, within the meaning of the third indent of Article 4(2) of Regulation No 1049/2001.
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