23In the present case, however, the Commission merely alleges, in essence, that, in order to ensure a correct transposition of Article 6(2) of the Habitats Directive, the third subparagraph of Article L. 414-1(V) of the Code de l’environnement must prohibit all deteriorations, even if they do not have a significant effect. By isolating that provision in that way, and not taking sufficient account of its immediate legislative context, the Commission has, inter alia, failed to show that the appropriate measures adopted pursuant to the first subparagraph of Article L. 414-1(V) of that code do not, in fact, allow the deterioration of habitats within the meaning of Article 6(2) of the Habitats Directive to be avoided.
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