Judgment_paragraph 50 · GM v Országos Idegenrendészeti Főigazgatóság and Others (C-159/21)

50That being so, since the obligation set out in point (b) of the second subparagraph of Article 23(1) of Directive 2013/32 is intended solely to apply where the right of access to the file of the person concerned has been restricted on one of the grounds mentioned in that provision, it must be borne in mind that the rights of the defence are not absolute rights, and the right of access to the file, which is the corollary thereto may therefore be limited, on the basis of a weighing up, on the one hand, of the right to sound administration and the right to an effective remedy of the person concerned and, on the other hand, the interests relied on in order to justify the non-disclosure of an element of the file to that person, in particular where those interests relate to national security (see, to that effect, judgment of 4 June 2013, ZZ, C‑300/11, EU:C:2013:363, paragraphs 54, 57 and 64 and the case-law cited).