37Accordingly the Court held that legislation which gives regularisation permission, which can be issued even where no exceptional circumstances are proved, the same effects as those attached to a planning consent disregards the requirements of Directive 85/337. Projects for which an environmental impact assessment is required must, by virtue of Article 2(1) of that directive, be identified and then — before the grant of development consent and, therefore, necessarily before they are carried out — must be subject to an application for development consent and to such an assessment (judgment of 3 July 2008, Commission v Ireland, C‑215/06, EU:C:2008:380, paragraph 61).
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