According to Advocate General Medina, uncontaminated top -quality excavated soil supplied by a construction undertaking to local farmers for improving the cultivation land may not constitute ‘waste’ under EU law

(Source: Court of Justice of the European Union)

Uncontaminated top-quality excavated soil, supplied after it has been selected and undergone a quality control, constitutes a by-product provided that the conditions laid down in the Waste Directive are fulfilled In July 2015, certain farmers asked Porr Bau, an Austrian construction undertaking, to supply them with excavated soil in order to improve their cultivation areas. After the selection of an appropriate construction project and the
extraction of soil samples, Porr Bau supplied the requested material. The soil had been controlled and qualified as being of the highest quality of uncontaminated excavated soil under Austrian law, the use of which is suitable and authorised for land development.

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