Judgment_paragraph 51 · Intercept Pharma Ltd and Intercept Pharmaceuticals, Inc. v European Medicines Agency (C-576/19 P)

51It follows from the Court’s case-law that where an EU institution, body, office or agency that has received a request for access to a document decides to refuse to grant that request on the basis of one of the exceptions laid down in Article 4 of Regulation No 1049/2001, it must, in principle, explain how access to that document could specifically and actually undermine the interest protected by that exception, and the risk of the interest being undermined must be reasonably foreseeable and must not be purely hypothetical (see judgments of 22 January 2020, PTC Therapeutics International v EMA, C‑175/18 P, EU:C:2020:30, paragraph 94, and MSD Animal Health Innovation and Intervet international v EMA, C‑178/18 P, EU:C:2020:24, paragraph 93).

Intercept Pharma Ltd and Intercept Pharmaceuticals, Inc. v European Medicines Agency (C-576/19 P)

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