51With regard to the argument put forward by the Federal Republic of Germany concerning Paragraph 46 of the VwVfG that, where an environmental impact assessment or pre-assessment has been carried out but is vitiated by a procedural defect, it is possible to bring legal proceedings on the conditions laid down in that paragraph, it should be recalled, on the one hand, that provisions of a directive must be implemented with unquestionable binding force and with the specificity, precision and clarity necessary to satisfy the requirements of legal certainty (judgments in Dillenkofer and Others, C‑178/94, C‑179/94 and C‑188/94 to C‑190/94, EU:C:1996:375, paragraph 48, and Commission v Portugal, C‑277/13, EU:C:2014:2208, paragraph 43), which is not the situation in the present case.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.