38The same is true of a legislative measure, such as Paragraph 46(20)(4) of the UVP-G 2000, which appears to allow, which it is for the referring court to ascertain, without even requiring a later assessment and even where no exceptional circumstances are proved, a project which ought to have been subject to an environmental impact assessment, within the meaning of Article 2(1) of Directive 85/337, to be deemed to have been subject to such an assessment.
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