73 In that regard, it should be pointed out that, according to case‐law, the exception provided for under the third indent of Article 4(2) of Regulation No 1049/2001 is designed not to protect investigations as such but the purpose of those investigations, which, in the case of infringement procedures, consists in leading the Member State concerned to comply with Community law (see, to that effect, Case T‐36/04 API v Commission [2007] ECR II‐3201, paragraphs 127 and 133, and Bavarian Lager, paragraph 8 above, paragraph 149).
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