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annul the decision of the European Commission GESTDEM 2014/6046 of 21 April 2015 concerning the confirmatory application for access pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001, regarding public access to European Parliament, Council and Commission documents;

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order the Commission to pay the costs.

1.

First plea in law, alleging infringement of Article 4(5) of Regulation (EC) No 1049/2001 ( 1 ), which provides that a Member State may request an institution not to disclose a document originating from that Member State without its prior agreement.

2.

Second plea in law, in the alternative, alleging infringement of the obligation to give reasons concerning the non-application of the exception provided at the third indent of Article 4(2) of Regulation (EC) No 1049/2001.

3.

Third plea in law, in the further alternative, alleging infringement of the second and third indents of Article 4(2) of Regulation (EC) No 1049/2001. The applicant contends that the Commission could have refused access to the documents sent by the French authorities in accordance with the procedure provided in Directive 98/34/EC ( 2 ), in so far as that procedure would constitute an investigation within the meaning of the article cited above.