Questão jurídica principal
Whether the gardens in Elsässli qualify as a contaminated site under the Altlastenverordnung
Decisão extraída
No. The site is neither an accident site nor a operational site, and the reused tar plates did not constitute an ablation or dumping within the meaning of Art. 2 AltlV.
Fundamentação extraída
Art. 2 AltlV is an exhaustive definition. Although the tar plates were objective waste, they were reused as building material; the case therefore does not fit the statutory categories of contaminated sites.