68In that regard, it should be observed that, in relying upon and producing, in the present action for failure to fulfil obligations under Article 259 TFEU, a legal opinion from the Commission’s Legal Service which was drawn up after the matter was brought before the Commission and contains a legal assessment of the relevant questions of law, the Republic of Slovenia seeks to confront the Republic of Croatia and, as the case may be, also the Commission with that opinion in the present proceedings. To authorise the opinion to be retained in the case file, when its disclosure has not been authorised by the Commission, would effectively permit the Republic of Slovenia to circumvent the procedure set up by Regulation No 1049/2001 for applying for access to such a document (see, to that effect, order of 14 May 2019, Hungary v Parliament, C‑650/18, not published, EU:C:2019:438, paragraph 14 and the case-law cited).
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