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Case C-238/21: Judgment of the Court (First Chamber) of 17 November 2022 (request for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — Porr Bau GmbH v Bezirkshauptmannschaft Graz-Umgebung (Reference for a preliminary ruling — Environment — Waste — Directive 2008/98/EC — Point 1 of Article 3 — Article 5(1) — Article 6(1) — Excavated materials — Concepts of ‘waste’ and of ‘by-product’ — Cessation of waste status)
ECLI:EU:UNKNOWN:62021CA0238
62021CA0238
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Valentina R., lawyer
16.1.2023
Official Journal of the European Union
C 15/14
(Case C-238/21) (1)
(Reference for a preliminary ruling - Environment - Waste - Directive 2008/98/EC - Point 1 of Article 3 - Article 5(1) - Article 6(1) - Excavated materials - Concepts of ‘waste’ and of ‘by-product’ - Cessation of waste status)
(2023/C 15/13)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Porr Bau GmbH
Defendant: Bezirkshauptmannschaft Graz-Umgebung
Operative part of the judgment
Point 1 of Article 3 and Article 6(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives,
must be interpreted as
precluding national legislation under which uncontaminated excavated materials, which, pursuant to national law, are in the highest quality class,
must be classified as ‘waste’ where their holder neither intends nor is required to discard them and those materials meet the conditions laid down in Article 5(1) of that directive for being classified as ‘by-products’, and
only lose that waste status when they are used directly as a substitute and their holder has satisfied the formal criteria which are irrelevant for the purposes of environmental protection, if those criteria have the effect of undermining the attainment of the objectives of that directive.
Language of the case: German
* * *
(1) Language of the case: German.