European Court holds agricultural slurry is not waste

The European Court of Justice recently held that agricultural slurry spread on fields as a fertiliser falls outside the legal definition of waste under Community law. The decision in Commission v Spain (C-416/02 European Court of Justice 8 September 2005) represents another exploration by the Court into the distinction between by-products of a process and a residue, and comes at a time when the Commission is developing a new discussion document on whether current legal definitions are appropriate.

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