Corte costituzionale e nozione di rifiuto: vecchi e nuovi problemi fra diritto interno e diritto comunitario (nota a Corte cost. 14 marzo 2008, n. 62)

[Autom. eng. transl.] The concept of refusal of art. 1, paragraph 1, lett. a, dir. 2006/12 / EC should be interpreted extensively and the possibility of considering a good, a material or a raw material deriving from a process of extraction or manufacture (which is not primarily intended to produce it) by-product of which the holder does not intend to lose himself, must be limited to situations in which re-use is not simply possible, but certain, does not require a preliminary transformation and intervenes during the production or use process: therefore the art. 7, paragraph 1, lett. b), L. prov. Bolzano, 26 May 2006, n. 4 - which gives rise to the presumption that, in the situations envisaged by it, the excavated lands and rocks constitute by-products that present, for their holder, given his will to reuse them, an advantage or an economic value instead of a burden of which he would try to discard himself - he is constitutionally illegitimate by contrast with the aforementioned directive, an interposed provision designed to integrate the parameter for the assessment of conformity of the regional legislation with the co-community system, based on art. 117, paragraph 1 of the Constitution