Opinion of the Advocate General — ECLI:EU:C:2002:24
Date: 2002-01-17
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Waste
Procedure: Reference for a preliminary ruling
Origin: Finland

Summary of the Judgment 
Environment — Waste — Directive 75/442, as amended by Directive 91/156 — 
Definition — Substance which is discarded — Criteria of assessment 
(Council Directive 75/442, as amended by Directive 91/156) 
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SUMMARY — CASE C-9/00 
Leftover stone resulting from stone quarry­
ing which is stored for an indefinite length 
of time to await possible use must be 
classified as waste within the meaning of 
Directive 75/442 on waste, as amended by 
Directive 91/156, if the holder discards or 
intends to discard that leftover stone. The 
place of storage of leftover stone, its 
composition and the fact, even if proven, 
that the stone does not pose any real risk to 
human health or the environment are not 
relevant criteria for determining whether 
the stone is to be regarded as waste. 
(see paras 39, 51, operative part 1-2) 
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