49In the present case, ClientEarth complains, in particular, that the General Court considered that the Commission was entitled to refuse to grant access to the documents at issue by relying on the general presumption that the disclosure of documents drawn up in the context of preparing an impact assessment would, in principle, seriously undermine its ongoing decision-making process for developing a policy proposal for the purposes of the first subparagraph of Article 4(3) of Regulation No 1049/2001. One of the illegalities alleged by ClientEarth is therefore, in essence, the application of that presumption.
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