In addition, in the event that an applicant’s claim concerning the exculpatory nature of undisclosed documents were to prosper and it is established that that party failed to avail of a remedy during the administrative procedure to which it had effective access, the Court could consider any dilatory behaviour by that party if established when awarding the costs pursuant to Article 69(3) of the Rules of Procedure of the Court of Justice which provides, inter alia, that the Court may order a party, even if successful, to pay costs which the Court considers that party to have unreasonably or vexatiously caused the opposite party to incur.
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