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Ministère Public, La Région de Bruxelles-Capitale v. Paul van de Walle and others, SA Texaco Belgium

Country/Territory
Belgium, European Union
Type of court
International court
Date
Sep 7, 2004
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Timmermans, C.W.A
Puissochet, J.-P.
Schintgen, R.
Macken, F.
Colneric, N.
Kokott, J.
Reference number
C-1/03
Language
French
Subject
Waste & hazardous substances
Keyword
Effluent waste standards Standards Effluent waste (industrial sources) Waste management Oil pollution
Abstract
The soil contaminated by fuels accidentally leaking from underground tanks at a Texaco filling station in Brussels should be regarded as waste under the Waste Framework Directive 75/442/EEC, despite the fact that the soil was not excavated or disturbed. The company should be seen as the holder of the waste and thus responsible for its treatment because it produced the fuels. The question remains whether all contaminated land should now be classed as landfill and be subject to strict EU landfill rules. The judgment adds to the definition of waste and could have major consequences for the law governing contaminated soil.
Full text
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References

Cites

Council Directive 75/442/EEC on waste.

Legislation | European Union | 1975

Keyword: Waste management, Waste disposal, Recycling/reuse, Waste prevention, Polluter pays principle, Hazardous waste, Offences/penalties

Source: FAO, FAOLEX