108In that regard, it should be noted that there is nothing to preclude a State-owned enterprise such as Energoatom from being deemed to hold commercial interests within the meaning of the first indent of Article 4(2) of Regulation No 1049/2001. Indeed, the mere fact that the capital of an enterprise is owned by public authorities is not, as such, capable of depriving it of any commercial interests that may qualify for protection in the same way as those of a private company. In the present case, as pointed out by the Commission, Energoatom engages in commercial activities, in the context of which it faces competition in the electricity market and is thus required to protect its interests in that market. Accordingly, there is no denying that the documents to which access is requested can concern commercial interests and, as such, be covered by the activity mentioned in the first indent of Article 4(2) of Regulation No 1049/2001.
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