92In the light of all the foregoing, the second branch of the third plea and, therefore, the third plea in its entirety must be rejected, without it being necessary to rule on the issue of admissibility raised by the Commission, according to which, in essence, the French Republic sought to challenge, by that plea, the legality of the contested decision taken as regards the applicant for access and not compliance with Article 4(5) of Regulation No 1049/2001, which is the only legitimate object of these proceedings (see, to that effect, judgment of 26 February 2002, Council v Boehringer, C‑23/00 P, EU:C:2002:118, paragraph 52).