52That broad interpretation of the principle of access to documents of the EU institutions is, moreover, borne out by Article 15(1) TFEU, which provides that the institutions, bodies, offices and agencies of the EU are to conduct their work as openly as possible, that principle of openness also being expressed in the second paragraph of Article 1 TEU and Article 298 TFEU, and by the enshrining of the right of access to documents in Article 42 of the Charter of Fundamental Rights of the European Union. Having regard to those provisions of primary law laying down the objective of an open European administration, the fourth subparagraph of Article 15(3) TFEU cannot, contrary to the Commission’s submissions, be interpreted as requiring a restrictive reading of the scope of Regulation No 1049/2001 with the consequence that documents drawn up by a Member State, such as the written submissions at issue, do not fall within the scope of that regulation where they are held by the Commission.
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