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.