(AGENPARL) – mer 22 giugno 2022 ��Communications Directorate
Press and Information Unit
curia.europa.eu
��Communications Directorate
Press and Information Unit
curia.europa.eu
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As to the present case,
the Advocate G
eneral observes that
it is certainly for a national court to assess, when
necessary on the bas
is of a scientific and technical analysis, whether a
quality and contamination control
performed on excavated soil is appropriate for the purposes of excluding any harm to the environment and
human health
, and also appropriate to determining whether the co
nditions laid down in
Directive have been
respected.
If the outcome of that assessment is positive, e
waste status should be granted
as soon as such
control reveals the uncontaminated
state
and top
quality of an excavated
soil.
Moreover
the Advoc
ate General points out that
national legislation which provides that end
waste status of
uncontaminated top
quality
excavated
soil
cannot
be granted
in the event of
compliance with formal
obligations
with no apparent environmental relevance
such as
record
keeping and documentation obligations
prevents the objectives of
Directive
from being achieved and for that reason should be set aside.
NOTE:
The Advocate General’s Opinion is not binding on the Court of Justice. It is the role of the
Advocates General
to propose to the Court, in complete independence, a legal solution to the cases for which they are responsible. The
Judges of the Court are now beginning their deliberations in this case. Judgment will be given at a later date.
NOTE:
eference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes which
have been brought before them, to refer questions to the Court of Justice about the interpretation of European
Union law or the validity of a European
Union act. The Court of Justice does not decide the dispute itself. It is for the
national court or tribunal to dispose of the case in accordance with the Court’s decision, which is similarly binding on
other national courts or tribunals before which a si
milar issue is raised.
Unofficial document for media use, not binding on the Court of Justice.
full text
of the Opinion is published on the CURIA website on the day of delivery.
Press contact: Jacques René Zammit