70In the case in point, there is a foreseeable, far from hypothetical, risk that the Commission, which neither delivered a reasoned opinion under the third paragraph of Article 259 TFEU on the Republic of Slovenia’s complaints nor made known its position on those complaints by intervening before the Court in support of the form of order sought by one or other of the parties, will consider itself to be compelled, on account of the unauthorised production in the present proceedings of the document at issue, to take a position publicly on advice that was quite clearly intended for internal use. Such a prospect would inevitably have negative consequences for the Commission’s interest in seeking legal advice and in receiving frank, objective and comprehensive advice (see, by analogy, judgment of 1 July 2008, Sweden and Turco v Council, C‑39/05 P and C‑52/05 P, EU:C:2008:374, paragraph 42, and order of 14 May 2019, Hungary v Parliament, C‑650/18, not published, EU:C:2019:438, paragraph 16).
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