47In the light of the considerations set out in paragraph 37 above and the explanations provided by the Commission at the hearing before the Court, it appears that disclosure of the impact assessment report and of the opinion of the Impact Assessment Board concerning access to justice in environmental matters followed the Commission’s decision not to submit a legislative proposal on the matter and to adopt a notice. Concerning the communication to ClientEarth of the impact assessment documents regarding inspections and surveillance in environmental matters, it is apparent from paragraph 38 above that this followed the adoption, by the Commission, of a communication on environmental compliance and governance and of a decision setting up a new group of experts in the field. It therefore seems that disclosure of those various documents did not take place until after the Commission had made a decision regarding the initiatives envisaged. In those circumstances, that disclosure does not appear to have enabled the objectives pursued by ClientEarth in submitting its requests for access to be fully met.
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