Not exact matches
129 In the third place, as regards the argument that the
disclosure of
documents relating to the ACTA could only have reinforced the public interest with regard to international relations and avoid controversy arising from the leaked publication of certain proposals, it should be noted that, while it is true that the purpose of Regulation No 1049/2001 is to ensure maximum transparency by giving the fullest possible effect to the right of public access to
documents of the European Union (recital 4 of the regulation), it nevertheless provides exceptions to the right of access to protect certain public or private interests, and in the
present case, the public interest as regards international relations.
To ensure the court gives proper consideration to such
documents on the breakdown of a relationship, they need to be accurately drafted and legal advice is imperative at the outset, together with evidence that full
disclosure has been
presented by both parties.
Concerns have been voiced that the current wording could open the door to unsuccessful parties claiming they weren't given an equal opportunity to
present evidence as a result of limitations on
document disclosure or discovery, time limits at an oral hearing, or other procedural decisions.
NOTE: The use of this or a similar clause in the Contract of Purchase and Sale does not replace the requirement to have made such a
disclosure on a separate
document prior to the offer being
presented.